VII723 - USM

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VII - 7.23 - USM POLICY ON MILITARY LEAVE WITH PAY FOR EXEMPT AND
        NONEXEMPT STAFF EMPLOYEES ON REGULAR STATUS

(Approved by the Board of Regents, February 28, 1992; Amended
December 6, 2002; Amended January 1, 2003; Amended October 17,
2003; Amended September 10, 2004)

I.   PURPOSE AND APPLICABILITY:
     
     To establish a leave category called Military Leave for all
     Exempt and Nonexempt Staff employees on Regular Status which
     permits an employee, under certain circumstances, to be
     absent from duty without loss of any pay or without charge
     to the employee's accrued leave.

II.  GENERAL

     A.   MILITARY TRAINING LEAVE
     
          An employee who is a member of the organized militia,
          of the Army, Navy, Air Force, Marine or Coast Guard
          Reserve, shall be entitled to a leave of absence for
          military training for a period of not more than 15 work
          days (pro-rated for part-time personnel) in any
          calendar year without loss of pay or charge to any
          leave.
     
     B.   ACTIVE MILITARY DUTY
     
          An employee who is called-up to active military duty
          during a national or international crisis or conflict
          shall follow USM policies VII-7.24.  For the period of
          July 1, 2003 through June 30, 2005, to the extent that
          there is any inconsistency between Section II of USM
          Policy VII.7.24 and Section II.C. of this Policy VII-
          7.23, Policy VII-7.23 shall take precedence.
     
     C.   MILITARY ADMINISTRATIVE LEAVE

          An employee who is on active military duty, or
          activated for military duty on, or after July 1, 2003
          through June 30, 2005, shall provide military orders
          that contain the employee's name, dates for activation,
          and purpose/type of activation and shall be entitled to
          receive Military Administrative Leave as follows:
     
          1.   Before starting an employee on Administrative Military
               Leave, the employee shall use the 15 days of Military Training
               Leave provided under section II.A., above.
       
          2.   An employee eligible to receive Military Administrative
               Leave under this section shall elect to use either Military
               Administrative Leave or paid accrued leave (Annual, Personal
               and/or Holiday Leave only).
       
          3.   The amount of compensation, while on Military Administrative
               Leave, shall be the amount, if any, by which the employee's state
               base salary exceeds the employee's active duty base salary paid
               by the Federal government.   The employee shall continue to earn
               Annual, Personal, Holiday and Sick Leave on a prorated basis for
               only the hours paid by the State during this period of military
               duty.

          4.   The USM Administrative Leave-Active Military Duty worksheet
               shall be used to calculate the number of leave hours to be paid
               to the employee.  The employee shall be notified in writing of
               the amount of leave hours to be paid each pay period.
       
          5.   The employee shall submit an initial and a final copy of
               his/her military pay stub or other official military personnel
               record which includes a current date and his/her military base
               pay rate.
       
          6.   Payroll deductions shall be made in the following order:
               a.   taxes
               b.   liens and levies
               c.   deferred compensation
               d.   other deductions
               In the event that the new State compensation is
               insufficient to cover all selected deductions,
               this ranked order shall be followed.  The employee
               should make changes to his/her payroll deductions
               as appropriate for the new State compensation
               amount.
       
          7.   State health benefits (Medical, Prescription and Dental) may
               be continued at no cost to the employee for the duration of
               his/her active military duty status.  There shall be no
               deductions for State Retirement contributions.  Employees shall
               be billed directly by the State for Life Insurance, Personal
               Accidental Death and Dismemberment, Long-Term Care Insurance, and
               Flexible Spending Accounts, in order to continue these benefits.

          8.   Military Administrative Leave will cease on the termination
               date of the employee's original (or subsequently submitted
               extended) military orders or upon deactivation, whichever is
               earlier.

          9.   It is the employee's responsibility to notify his/her
               supervisor of the termination date of the active military duty.
               If the employee fails to notify his/her supervisor of the
               deactivation, and or chooses not to return to University
               employment, the employee shall be responsible for reimbursement
               for the paid leave used while not on active duty status and may
               be subject to disciplinary action.  The period an individual has
               to report back to work after military service is based on USERRA
               /US Department of Labor regulations.

          10.  This section II.C. shall be abrogated on June 30, 2005.

IMPLEMENTATION PROCEDURES:

     Each Chief Executive Officer shall identify his/her
     designee(s) as appropriate for this policy; shall develop
     procedures as necessary to implement this policy; shall
     communicate this policy and applicable procedures to his/her
     institutional community; and shall forward a copy of such
     designations and procedures to the Chancellor.

REPLACEMENT FOR:

     UM Personnel Policies and Rules for Classified Employees -
     Section VI - Leave with Pay, page VI-14.

     UM Personnel Policies and Rules for Associate Staff -
     Section I.5, Military Leave, page 26.

     Laws Relating to and Governing Policies and Procedures of
     the Board of Trustees of the State Universities and Colleges
     of Maryland, Section VI.  Administrative Officers, Page VI-
     3.

     BOR III-12.00, Policy on Academic Administrators/Associate
     Staff Time Keeping Record, page 3.

REFERENCE:

Annotated code of Maryland, State Personnel and Pension Article,
Section 9-1107; section subject to abrogation on June 30, 2005.
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