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LEAVE OF ABSENCE FOR MILITARY DUTY

Both federal law (Uniformed Services Employment and Reemployment Rights Act) and State law entitle State employees who perform military service to job protected leave.

Click on below headings for more information on this topic

TRAINING (E.G., ANNUAL, DRILL WEEKENDS) OR DEPLOYMENT

If an employee is a member of the Armed Forces Reserves or National Guard and requesting leave due to training or deployment you MUST approve leave; however:

  • You may request documentation of the ordered military duty.
    • An agency cannot deny or delay an employee's military leave if orders are not immediately available.
    • Do not re-request documentation for reoccurring ordered military duty for which the agency has already received documentation (e.g., weekend drills).
     
  • An agency may not require an employee to use his or her accrued paid leave (e.g., annual, compensatory time).

15 DAYS

An employee, who is a member of the Armed Forces Reserves or National Guard, while serving under orders is provided up to 15 days of paid leave (payroll code UMIL).  Serving under orders includes orders for training or deployment.  The 15 days are "the number of hours equivalent to 15 working days."  The Office of the Military calculates based on the federal fiscal year and all other agencies based on a calendar year.

An employee, who is a member of the Armed Forces Reserves or National Guard, who is not eligible for paid military leave (i.e., UMIL, UMILT) uses unpaid military leave (payroll code UMLWP) or may choose to use his or her accrued paid leave (e.g., annual, compensatory time).

24 DAYS

Additionally, an employee, who is a member of the Armed Forces Reserves or National Guard, whose regular work schedule includes any part of Saturday or Sunday is provided up to 24 days to serve under orders for training which is scheduled on a Saturday and/or Sunday (payroll code UMILT).  The employee's State pay will be reduced by the lesser amount of his or her State pay and his or her military pay for that period.  The Office of the Military calculates based on the federal fiscal year and all other agencies based on a calendar year.
An employee, who is a member of the Armed Forces Reserves or National Guard, who is not eligible for paid military leave (i.e., UMIL, UMILT) uses unpaid military leave (payroll code UMLWP) or may choose to use his or her accrued paid leave (e.g., annual, compensatory time). 

RETURN FROM MILITARY SERVICE

When an individual returns from military service and requests to be restored to his or her previous position (regardless of whether the individual terminated State service due to the military service), contact your agency's human resources IMMEDIATELY.  Your agency's human resources will determine if the individual is entitled to return and, if yes, to what position.

FAQS

RESERVE/NATIONAL GUARD EMPLOYEES
 
May an employee in the Reserves/National Guard use annual leave or compensatory time during a deployment, if he or she has not exhausted his or her Military Leave according to subsection 1 of NRS 281.145 (payroll code UMIL)?
 
No. While an employee is eligible to use Military Leave according to subsection 1 of NRS 281.145 (payroll code UMIL), requiring the employee to use Military Leave according to subsection 1 of NRS 281.145 (payroll code UMIL) prior to using annual leave or compensatory time complies with the Uniformed Services Employment and Reemployment Rights Act (USERRA) as the employee is being allowed to “continue his or her civilian pay…” (20 CFR § 1002.153)
 
May an employee in the Reserves/National Guard use annual leave or compensatory time during a deployment, if he or she has exhausted his or her Military Leave according to subsection 1 of NRS 281.145 (payroll code UMIL)?
 
Yes. Pursuant to USERRA, “the employee must be permitted upon request to use any accrued vacation, annual, or similar leave with pay during the period of service, in order to continue his or her civilian pay…” (20 CFR § 1002.153)
 
RESERVE/NATIONAL GUARD EMPLOYEES REGULARLY SCHEDULED TO WORK SATURDAY AND/OR SUNDAY
 
May an employee, on a Saturday and/or Sunday the employee is scheduled to have weekend drill duty, use annual leave or compensatory time, if he or she has not exhausted his or her 24 days Weekend Military Training (payroll code UMILT)?
 
No. Pursuant to subsection 2 of NRS 281.145 “An officer or employee is not entitled to:
Receive any other compensation for which he or she would otherwise be eligible, including, without limitation, compensation pursuant to NRS 284.358; or
Use any annual leave, compensatory time or other paid leave or any unpaid leave that is required as a result of statewide economic conditions, for any hours for which the officer or employee receives compensation pursuant to this subsection…”
Since the employee is allowed to receive his or her full leave accruals and retirement as if the employee had worked for the State on the day he or she performs drill duty and the employee receives the difference between his or her State pay and his or her military pay if the State pay is higher, the result is that the employee receives the benefits of his or her civilian compensation while performing drill duty; therefore, the intent of keeping the employee whole has been met. The employee must exhaust 24 days Weekend Military Training (payroll code UMILT) prior to being allowed to use other forms of paid leave.
 
May an employee, on a Saturday and/or Sunday the employee is scheduled to have weekend drill duty, use annual leave or compensatory time, if he or she has exhausted his or her 24 days Weekend Military Training (payroll code UMILT)?
 
Yes. While an officer or employee receiving annual leave or compensatory time as well as his or her military pay allows for double-dipping, not allowing an officer or employee to use annual leave or compensatory time while not receiving Military Leave according to subsection 1 of NRS 281.145 (payroll code UMIL) or 24 days Weekend Military Training (payroll code UMILT) creates an inequity as the employee will not be receiving his or her leave accruals.
 
May an employee trade/change his or her regular work schedule to a work schedule that does not include a Saturday and/or Sunday the week of his or her weekend drill?
 
Yes, as allowed by NAC 284.228. NRS 281.145 does not prohibit changing/trading shifts and an employee who is not scheduled to work on a drill weekend is not eligible for Military Pay Adjustment for Weekend Training (payroll code UMILT).

APPROVING/REJECTING LEAVE

Technical (step-by-step) guide: See the NEATS Timekeeping procedure (01.30.10) and NEATS tutorials.

When determining whether to APPROVE or REJECT a leave request or a leave entry on a timesheet, consider the following factors:

  • Does the employee have sufficient leave of the type being requested?
  • Is the reason stated for the leave an authorized use of that type of leave (in statute, regulation or policy)?
  • Do the notes (yellow sticky note image link on the timesheet) agree with the hours requested and information entered in the Additional Description: field?
  • Will you be violating any laws, regulations or policies by approving or rejecting the leave?

See your agency's policies, procedures or regulations for any agency specific processes (e.g., required hard copy form).  See the NEATS Handbook for applicable payroll code(s).

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