2230-6

Military Leave
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GDOT employees have significant legal rights regarding absence from duty in order to fulfill military obligations. The GDOT Office of Personnel, Employee/Management Relations Section, should be consulted regarding any personnel actions related to military service to ensure compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Review by the Office of Personnel is important to assure that both the agnecy and employees comply with all relevant obligations and responsibilities as specified by applicable federal and state laws and regulations.

SERVICE IN THE UNIFORMED SERVICES

Under federal law, "service in the uniformed services" id broadly defined to include the performance of duty on a voluntary or involuntary basis in a uniformed service of the United States under competent authority, including active duty, active duty for training, initial active duty for training, inactive duty training, inactive duty training, National Guard duty, and military fitness for duty examinations. Any eligible employee who leaves his or her job for voluntary or involuntary service in the uniformed services will, upon proper notice, be granted a military leave of absence.

ELIGIBLE EMPLOYEES:

Regular employees shall be entitled to a leave of absence from duties while serving in the uniformed services. Temporary employees are not eligible for military leave.

PAY STATUS

State law provides that employees ordered to military duty will be paid for up to one hundred forty-four (144) hours each Federal fiscal year (October 1 through September 30). Such pay shall apply only to members of the National Guard or of any reserve force or reserve component of the armed forces and shall not apply to an employee who enlists for active duty in the armed forces.

NOTE: If the Governor declares an emergency and orders an employee to military duty as a member of the Georgia National Guard, the employee, while performing such duty, will be paid for up to two hundred forty (240) hours in a Federal Fiscal Year.

After paid military leave is exhausted, if an employee is unable to return to duty due to continued military service, such employee may elect, but is not required, to use accumulated annual leave, personal leave, deferred holidays, and/or compensatory time to remain in pay status during this period of military leave. (See DOT 4111 - Military Leave of Absence - Paid Leave Declaration Form.) If an employee fails to submit a Paid Leave Declaration Form, the employee will be placed on Military Leave Without Pay.

Forfeited leave may not be restored to an employee for use during a period of military leave.

Any eligible employee who is absent due to military duty on October 1st of any Federal Fiscal Year will automatically be placed in military leave with pay status beginning October 1st and will remain in military leave with pay status until the employee either exhausts the military leave entitlement for that Federal Fiscal Year or returns to work status, whichever is earlier.

NOTIFICATION

  1. Employee Notification Responsibilities:

    In order to be entitled to re-employment rights and benefits as well as other employment benefits, employees are required to notify their supervisor as soon as they are aware of upcoming military duty that will cause absence from work.

    1. An employee ordered to military duty must give their supervisor a copy of the military orders in advance of military leave whenever possible. In the case of weekend drills, a training schedule or other documentation such as a memorandum from the military unit can will be satisfactory when orders are not normally issued.

    2. In an emergency that prevents advance notice, supervisors are to be notified of ordered military duty and provided a copy of the orders as soon as possible.

    3. Employees on military leave are responsible for ensuring that their supervisors receive timely notification of changes in the duration of ordered military duty.

  2. Supervisor Responsibilities Supervisors who are notified by an employee of an absence for ordered military duty must inform the employee of the need to provide a copy of military orders or, in the case of “drills,” a copy of a training schedule or other documentation. Supervisors must contact the appropriate personnel representative as soon as possible to ensure that timely information is provided to the employee, to the Office of Personnel, and to the Payroll Office.

    Should a supervisor receive notification that an employee must be immediately absent from duty and that the employee has not yet received military orders, the supervisor must obtain the following information from the employee:

    1. The identity of the military unit to which the employee will report;
    2. The location of that unit; and,
    3. The likely duration of the absence.

  3. Management Acknowledgement of Military Leave:

    1. Employee Available for Personal Consultation: A letter from the District Engineer, Office Head, or higher level manager acknowledging military leave and providing benefits information and paid leave options, if any, should be prepared and discussed in consultation with the employee by the administrative support unit of the District Office or Office (see sample.) Personal consultation by the District or Offices should be possible in most cases because the employee will usually have enough advance notice of upcoming military service.

    2. Employee Not Available for Personal Consultation: In cases where an employee must depart for military duty without prior notice to the District or Office aletter providing benefits information and paid leave options, if any should be sent by both certified and regualr mail to the last known address of the employee. If the letter is returned as undeliverable, the District or Office should attempt to send a letter to the person’s military unit. If timely information is not available regarding benefits and paid leave decisions, the employee will be placed on available military leave with pay and then placed on military leave without pay.

  4. Form Completion and Disposition:

    1. An employee who is ordered to military duty for a period of time that will exceed any available paid military leave should complete a Military Leave of Absence – Paid Leave Declaration Form (DOT 4111) prior to departing for military duty. Should an employee fail to file such a form with the appropriate office/district personnel representative, the employee will be presumed to have elected to be placed on military leave without pay once available paid military leave is exhausted.

    2. The office/district personnel representative will complete an Employee Data Change Form (DOT 4105) placing the employee on military leave with or without pay, as appropriate. This form along with a copy of the military orders, a letter acknowledging the military leave, and Paid Leave Declaration Form are to be forwarded to the Payroll Office and to the Office of Personnel.

EMPLOYMENT STATUS & BENEFITS

  1. Time during which an employee is absent for ordered military duty shall not constitute an interruption of continuous employment, and no such employee shall be subjected directly or indirectly to any loss or diminution of time, service, vacation, holiday privileges, or any other right or privilege by reason of such absence, or be prejudiced with reference to continuance in employment, reinstatement, transfer, or promotion by reason of such absence.

  2. An employee absent for ordered military duty who was in work status for any portion of a performance evaluation period shall receive an evaluation for that period and shall be eligible for any performance based salary increase authorized by the State Legislature.

  3. While on military leave with pay, premiums for health insurance will be deducted from employee paychecks. Employees may elect to continue or discontinue health insurance benefits while on military leave without pay.

  4. Some benefits offered through the Flexible Benefits Program do not provide coverage for claims resulting from involvement in armed conflict or war. Employees who are called to active military duty under such conditions should discuss the continuation of flexible benefits while on military leave with their benefits coordinator.

  5. Employees are eligible to continue Group Term Life Insurance while on military leave without pay.

  6. Employees who return to work following military leave may be eligible to pay contributions to the Employees' Retirement System and Deferred Compensation Program for the time period that contributions were not paid during the military leave. Employees should contact their benefits coordinator for information regarding applicable time frames.

RETURN TO WORK

  1. Employees whose cumulative absences from work while on military leave have not exceeded five years are entitled to return to work upon completion of their military service.

  2. In order to be eligible for return to work, the following conditions will apply:

    1. If the period of military duty was two hundred forty (240) hours or less or military leave of any length was for examination purposes to determine fitness to perform service, employees must report to work not later than the first scheduled work day after an eight-hour period following the completion of military duty and returning home.

    2. If the military duty was for more than two hundred forty (240) hours, but did not exceed one thousand four hundred forty (1440) hours, employees must submit a written notice for return to work to their District Engineer, Office Head or other designated officials, within 90 calendar days of completing military duty.

    3. If the military duty was for more than one thousand four hundred forty (1440) hours, employees must submit a written notice for return to work to their supervisors, or other designated officials, within 90 calendar days of completing military duty.

  3. Employees who are hospitalized or recovering from an illness or injury as a result of the military duty are to report for duty or apply for return to work as described above upon recovering from the illness or injury. The period of recovery may not exceed two (2) years.

  4. If an employee is not able to perform the duties of his or her former position, even with reasonable accommodation, due to a disability sustained or aggravated during the military service, the employee will be employed in another job category in the Department for which the employee is qualified and is able to perform the essential functions, with or without reasonable accommodation.

  5. Employees who were absent due to ordered military duty are subject to changes within the structure and organization of the GDOT in the same manner as employees who were not absent.

  6. Employees who return to duty following a period of military leave and who meet USERRA eligibility criteria cannot be discharged from employment, except for cause or as noted above, within one year after reemployment, so long as the employee’s period of service was 181 days or more. If the period of service was 31-180 days, the period of special protection is 180 days. This special protection provision applies even if the employee is in the unclassified service.

    For additional information or assistance, please contact the Office of Personnel, Employee/Management Relations Section.

    REFERENCES:

    1. Federal Law U.S.C. Title 38, Chapter 43 - Uniformed Services Employment and Reemployment Rights Act (USERRA)
    2. Resource Guide to USERRA
    3. Frequently Asked Questions
    4. Official Code of Georgia, Unannotated 38-2-279 - Rights of Employees on Military Duty
    5. Rules of the State Personnel Board - Rule 18 (Leave)
    Authored by the Office of Personnel, 404-656-5260

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