Military Family Leave

Last Updated 11/2008
Applies to Faculty and Staff

Related Policies:

Policy

The University provides a leave of absence to eligible staff members related to military personnel who are ordered to active duty in the Armed Forces of the United States or the Indiana National Guard. All such leaves are consistent with the provisions of the Indiana Military Family Leave Act and if applicable, the Family and Medical Leave Act.

Eligibility

Any staff member who:

  1. has been employed by the University for at least 12 months, and
  2. has worked at least 1,500 hours during the 12 months immediately preceding the day the leave begins, and
  3. is the spouse, parent, grandparent, or sibling of a person who is ordered to full-time active duty in the armed forces of the United States or the Indiana National Guard.

Definitions

Spouse – A husband or wife as defined or recognized by the State of Indiana.

Parent – A biological or adoptive father or mother, or a court appointed guardian or custodian.

Grandparent – A biological grandparent.

Sibling – A brother or sister by blood, half-blood or adoption.

Active duty – Full-time service on active duty orders in the Armed Forces of the United States or the Indiana National Guard for a period that exceeds 89 consecutive calendar days.

Armed forces of the United States – Active or reserve components of the Army, Navy, Air Force, Coast Guard, Marine Corps, or the Merchant Marine.

National Guard – Indiana Army National Guard or Indiana Air National Guard

Duration of Leave

A qualifying staff member is entitled to take up to 10 working days of leave per calendar year during the 30 days before and after the relative is on active duty and while the relative is on leave during active duty. Military Family Leave may not exceed 10 working days in each calendar year, even if another relative is called to active duty.

Pay and Benefits During Military Family Leave

The Indiana Military Family Leave Act provides unpaid leave time. The University requires staff members to use available paid vacation and personal days before the leave becomes unpaid. Paid time is based on scheduled work hours. Any leave time approved as Military Family Leave, whether paid or unpaid, is counted as part of the 10 days allowed each calendar year. During this time, a staff member’s benefits will continue as long as the employee makes his/her normal contributions to such benefits.

Reinstatement

A staff member returning from an approved Military Family Leave will be restored to the same position that the staff member held when the leave started, or to an equivalent position, with equivalent benefits, pay and other terms and conditions of employment.

Procedures

Notification
To take a Military Family Leave of Absence, staff members need to provide written notice, including a copy of the active duty orders, if available, to their immediate supervisor. This notice should be provided at least 30 days before the day the leave begins, or as soon as possible if the active duty orders are issued less than 30 days before the date the leave begins. Staff members may be required to verify eligibility for the leave.

Reporting
Non-Exempt Staff – Supervisors must report paid Military Family Leave of Absence on the, through the electronic timekeeping system or on a Report of Absences or Overtime Worked form, whichever is applicable. If the Military Family Leave is unpaid for two weeks or longer, a Leave of Absence Form must be submitted by supervisors.

Exempt Staff and Faculty – Supervisors must submit a Leave of Absence Form to report both paid and unpaid Military Family Leaves of Absence.

Supervisors may use the Military & Family Military Leave Checklist to assist them in this process.