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APS 45.4 – Leave Related to Active Military Duty

Table of Contents

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(Approved by the Provost and Executive Vice President by authority of Executive Order No. 4 and the Vice President for Human Resources by authority of Executive Order 9) 

1.  Policy

In accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA), and RCW 38.40.060 and 49.77.030, this policy applies to all University of Washington employees regardless of appointment type. This policy establishes eligibility for paid and unpaid leave when an employee is called to active duty or active duty training in one of the uniformed services of the United States.

  1. Leave from Work

    Employees who are members of the Washington National Guard or of the Army, Navy, Air Force, Coast Guard, or Marine Corps reserve of the United States, or of any organized reserve or armed forces of the United States, or of the uniformed branches of the United States Public Health are entitled to leave from work as follows:
    1. Paid Military Leave

      Employees who are called to active duty, or to active training duty, are entitled to a paid military leave of absence for a period of not more than 21 days during each year from October 1st through the following September 30th.
    2. Unpaid Military Leave

      Employees called to active duty are generally entitled to an unpaid military leave of absence from work for the duration of active duty service, up to five years. An employee who enlists or who is called to active duty and exhausts the paid military leave entitlement provided in Subsection 1.a.1 above will be considered to be on military leave without pay, unless the employee has submitted a written resignation from employment.
  2. Military Family Leave

    An employee who has a spouse or domestic partner enlisted in the United States armed forces, National Guard, or reserves during a period of military conflict is entitled to up to 15 days of military family leave when the employee’s enlisted spouse or domestic partner has been called to active duty or deployment, or when the enlisted spouse or domestic partner is on leave from deployment. The employee may use accrued paid leave to which the employee is entitled including annual or sick leave, personal holiday, or compensatory time, if available. If paid leave is not available, military family leave is taken as leave without pay. An employee who takes leave is entitled to be returned to the employee’s regular position or to an equivalent position.

    The employee must notify the supervisor of the employee’s intent to take military family leave within five business days of receiving official notice of either an impending call to active duty, or of the enlisted spouse’s or domestic partner’s leave from deployment.

2.  Additional Information

For additional information see UW Human Resources Military Duty.

Military duty related leave also may be covered under the Family and Medical Leave Act (FMLA). See APS 45.5.

January 16, 2009.