Policy VII-7.23-GC UMGC Policy on Time Off for Military Training and Military Administrative Time Off

(Approved by USM BOR on April 21, 2017; UMGC President on July 1, 2017)

1. Purpose and Applicability

   This policy establishes time off at full pay for University of Maryland Global Campus (UMGC) employees for certain types of active or inactive duty in the National Guard, as a Reserve in the Armed Forces, or in an organized militia. This policy also establishes Military Administrative Time Off for UMGC employees who are activated for military duty in accordance with the State Personnel and Pension Article of the Annotated Code of Maryland and Federal law.

   The policy applies to full-time and part-time Nonexempt, Exempt and Overseas Staff employees on Regular and Contingent II and III Status. Nonexempt Staff employees who are included in the representation of the collective bargaining unit are subject to the Memorandum of Understanding (MOU) and applicable UMGC HR Policies; where there is a conflict between the two, the MOU will prevail.

2. Definitions

   1. Military: The Armed Forces, including Army, Navy, Air Force, Marine Corps or Coast Guard or a reserve unit for any branch of the Armed Forces, the Army National Guard, the Air National Guard, the Commissioned Corps of the Public Health Service or an organized militia.

   2. Active Duty: Full-time service in a unit of the Military.

   3. Active Duty Training: Authorized training performed by a unit of the Military that is on active duty and performed in connection with the prescribed activities of the Military, including regularly scheduled unit training periods, additional training periods and equivalent training.

   4. Inactive Duty Training: Authorized training performed by a unit of the Military that is not on active duty and performed in connection with the prescribed activities of the Military, including regularly scheduled unit training periods, additional training periods and equivalent training.

3. Employee Notification of Military Training or Active Duty to UMGC

   1. Active Duty, Active Duty Training or Inactive Duty Training

      An employee who a member of Military who is required to report for active duty, active duty training or inactive duty training shall submit documentation from the Military, showing the dates the employee is required to report for active duty, active duty training or inactive duty training.

   2. Initial Military Orders

      An employee who is activated for military duty shall submit a copy of the Military orders to his/her immediate supervisor. The Military orders must contain the employee's name, dates for activation, and purpose/type of activation. An employee may verbally notify his/her immediate supervisor or provide no notice if Military necessity prevents the employee from giving notice as required by this Section or the giving of notice is otherwise impossible or unreasonable.

   3. Extension of Military Orders

      If an employee who has been activated to Military duty has his/her dates of activation extended, the employee shall submit a copy of the updated Military orders, extending the employee's dates of activation, to his/her immediate Supervisor.

   4. Termination of Military Orders

      1. An employee who was activated for Military duty shall submit written notice to his/her immediate supervisor of the termination date of the employee's active Military duty.

      2. If the employee fails to provide written notice to his/her immediate supervisor of the employee's discharge or deactivation, the employee may be responsible for reimbursement for the paid time off used while not on active duty status and may be subject to disciplinary action.

4. Military Training Time Off

   1. An employee who is a member of the Military shall be entitled to Military Training Time Off for a period of not more than fifteen (15) working days in any fiscal year without loss of pay, accrued time off, or performance or efficiency rating if the employee is required by the Military to report for active duty, active duty training or inactive duty training, including travel time to and from the military duty.

   2. Military Training Time Off shall be credits to a full-time employee on the basis of an eight (8) hour workday. The minimum charge to Military Training Time Off is one (1) hour. A full-time employee working a forty (40) hour workweek will accrue 120 hours (15 days x 8 hours) of Military Training Time Off in a fiscal year. Military Training Time Off shall be prorated for part-time employees based proportionally on the number of hours in the employee's regularly scheduled biweekly pay period.

   3. An employee shall only be charged Military Training Time Off for the hours that the employee would otherwise have worked and received pay. Employees shall not be charged Military Training Time Off for weekends and holidays that occur within the period of military service.

   4. The employee will continue to earn Vacation, Personal, Holiday and Sick Time Off while on paid Military Training Time Off based on the number of hours being paid to the employee each pay period while on Military Training Time Off.

5. Military Administrative Time Off

   1. Payment of the Difference Between Military Base Salary and UMGC Salary

      1. An employee who is activated for military duty must take a Leave of Absence and may use Military Administrative Time Off for active military duty, not including active duty or inactive duty training. While on Military Administrative Time Off, if the employee's UMGC base salary exceeds the employee's military base salary, the employee shall be paid the difference between the employee's Military base salary paid by the Federal Government and the employee's UMGC base salary while on active Military duty.

      2. The employee shall provide documentation from the Military, showing the employee's current Military salary, to the Benefits Coordinator. The Benefits Coordinator shall send the employee a notice stating the amount of hours of Military Administrative Time Off that will be paid to the employee each pay period.

   2. Accrued Time Off

      1. The employee does not have to exhaust his/her accrued Vacation, Personal, Holiday, or Compensatory Time Off (collectively, Accrued Time Off) to receive Military Administrative Time Off. The employee is not required to donate any hours of time off to receive Military Administrative Time Off during any hours that the employee uses Military Training Time Off or Accrued Time Off. Administrative Time Off.

      2. The employee may elect to use Military Training Time Off or Accrued Time Off while on active military duty. If the employee elects to take Military Training Time Off or Accrued Time Off instead of Military Administrative Time Off, the employee would be paid the employee's full pay for the hours of Military Training Time Off or Accrued Time Off that is used. The employee may also receive Military pay from the Federal Government while using the employee's Military Training Time Off or Accrued Time Off. The employee will not receive Military Administrative Time Off during any hours that the employee uses Military Training Time Off or Accrued Time Off.

      3. The employee may only use Sick Time Off for Military service consistent with statutory and regulatory criteria for use of Sick Time Off and consistent with UMGC HR Policies.

      4.  The employee will continue to earn Vacation, Personal, Holiday and Sick Time Off while on paid Military Administrative Time Off based on the number of hours being paid to the employee each pay period while on active military duty. The employee will cease earning Vacation, Personal, Holiday and Sick Time Off upon termination or deactivation from active military duty unless the employee returns to work without a break.

   3. Benefits While on Military Administrative Time Off

      1. An employee on active Military duty may continue his/her medical, dental and prescription benefits at existing coverage levels, including coverage for the employee's spouse and dependents. UMGC shall pay the employer's share as well as the employee's share of the costs for these benefits while the employee is on active military duty. Employees that are on Military Administrative Time Off shall not have payroll deductions for these benefits.

      2. An employee may elect to continue other benefits that are paid in full by the employee (i.e., life insurance, accidental death and dismemberment insurance (AD&D Plan), flexible spending accounts, long term disability, etc.) while on Military Administrative Time Off. These are "employee pay all" benefits with no State subsidization.

         1. If the employee elects to continue any of these benefits, the employee shall be billed for the costs of such benefits and payment coupons shall be sent to the employee, except, USM Life Insurance and USM Long Term Disability, which shall be paid directly to the vendor. The premium payments made for these benefits while on Military Administrative Time Off are made post-tax and will not affect the employee's W-2 status.

         2. Other payroll deductions shall be made in accordance with the applicable procedures.

         3. If an employee elects not to continue and ceases paying the premiums for these plans, coverage is lost during the period of Military Administrative Time Off; however, the employee may re-enroll in these plans within sixty (60) days of the employee's return to work.

      3. Coverages

         1. While on active Military duty, medical care shall be provided to the employee through the Military. All of the State medical plans have standard blanket exclusions for medical care rendered while the employee is on active Military duty.

         2. Dependents of Military personnel on active duty are automatically covered by TRICARE, a Federal Military health program.

            1. An employee called to active duty may elect to discontinue State health benefits coverage for his/her dependents, relying upon TRICARE for dependent health care coverage or may elect to continue State health benefits coverage for his/her dependents.

            2. As the dependents are not on active Military duty, if the employee elects to continue State health benefits coverage, the State health benefits coverage shall be the primary coverage for these dependents.

         3. The AD&D Plan does not provide benefits to anyone injured in Military service. Benefits shall be provided, as appropriate, to a spouse or child if the employee has family coverage.

            1. An employee on active Military duty may cancel deductions for individual coverage while on Military Administrative Time Off.

            2. The employee may continue AD&D family coverage for spouses and/or dependents.

      4. To continue benefits while on Military Administrative Leave, the employee shall complete the LAW – MILITARY NOTIFICATION FORM and submit the Form with a copy of the employee's Military orders to the Benefits Coordinator.

      5. If the employee's Military orders are extended, the employee shall provide the updated Military orders to the Benefits Coordinator. Failure to provide updated Military orders to the Benefits Coordinator could result in a break in coverage under the employee's benefits' plans and the employee, spouse or dependents could lose coverage.

6. Leave of Absence Without Pay and Returning to Work

   1. The cumulative length of service that causes an employee to be absent from his/her position at UMGC may not exceed five (5) years, except for the categories of Military service that are exempt from the five-year limitation under the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq. and its accompanying regulations (USERRA).

   2. Military Administrative Time Off shall cease upon discharge from active military duty (i.e. on the termination date of the employee's original or extended military orders or upon deactivation, whichever is earlier).

   3. The employee has the right to be re-employed at UMGC after discharge from active Military duty in accordance with USERRA. The position to which an employee will be reinstated after returning from Military duty shall be determined in accordance with USERRA.

   4. Upon discharge from active Military duty, the employee may elect to return to work or take a Leave of Absence Without Pay (LWOP) for up to the time limits for returning to work under USERRA. The Employee should provide notice as far in advance as is reasonable under the circumstances.

   5. In accordance with USERRA, the time limits for returning to work following Military service are as follows: (a) for service of less than thirty-one (31) days, the employee must return at the beginning of the next regularly scheduled work period on the first full day after release from service, taking into account safe travel home plus an eight-hour rest period; (b) for service of more than thirty (30) days but less than 181 days, the service member must submit an application for reemployment within fourteen (14) days of release from service; (c) for service of more than 180 days, an application for reemployment must be submitted within ninety (90) days of release from service.

   6. If an employee fails to report to work within the time limits set forth in USERRA and outlined above, the employee will be subject to UMGC HR Policies governed unexcused absences from work.

   7. If the employee has been on active Military duty for more than twenty-four (24) months and the employee elects to take LWOP, the employee shall no longer be entitled to health, dental and prescription coverage in accordance with USERRA and other applicable law.

   8. When the employee returns to work from active Military duty, he/she shall complete a regular benefits enrollment form and submit it to the Benefits Coordinator along with a copy of the employee's discharge orders within sixty (60) days of the employee's return to work at UMGC. Failure to submit the appropriate form may impact the employee's benefits.

   9. An employee returning from active Military duty may not be terminated without cause for the period of time set forth in USERRA.

7. State Retirement/Pension Plan

   1. If an employee is activated for Military service and is a member in the State Retirement Pension Plan, the employee shall submit a Maryland State Retirement Agency Form 46 – Qualified Leave of Absence Request or Notification of Military Service Entry. If the employee is unable to submit Form 46 before leaving employment for military service, the Office of Human Resource can submit the form on behalf of the employee.

   2. UMGC shall submit an MS-310 form when an employee begins Military Administrative Time Off to discontinue the employee's retirement system contribution. Eligibility and computation of benefits for the state employees' and teachers' retirement and pension systems will be determined in accordance with federal and Maryland law.

   3. Any questions regarding retirement eligibility, required documentation, and contributions or benefits, including but not limited to disability retirement and death benefits, should be referred to the Maryland State Retirement Agency.

8. Optional Retirement Program

   Contributions to the Optional Retirement Program (ORP) and any associated benefits and/or service credit will be determined in accordance with federal and Maryland law. Any questions regarding ORP contributions, benefits, and required paperwork should be referred to the Chief Human Resources Officer (CHRO) or designee.

9. UMGC Tuition Remission Benefit

   1. An employee who is currently in a degree-seeking program and using Tuition Remission may continue to use Tuition Remission if activated to Military duty for the duration of the employee's Military service. See VII-4.10-GC – UMGC Policy on Tuition Remission and Tuition Reimbursement for Active Staff and Faculty Employees and Retirees.

   2. An eligible spouse or dependent currently in a degree-seeking program and using Tuition Remission may continue to use Tuition Remission for the duration of the employee's Military service. See VII-4.20-GC – UMGC Policy on Tuition Remission for Spouses and Dependent Children of Active Staff and Faculty Employees and Retirees.

   3. If an employee is killed in the line of duty, the employee's eligible spouse or dependent may receive Tuition Remission benefits as provided in VII-4.20-GC – UMGC Policy on Tuition Remission for Spouses and Dependent Children of Active Staff and Faculty Employees and Retirees.

   4. If an employee does not return to work at UMGC within the time limits set forth in USERRA, Tuition Remission for the employee, spouse and dependents shall terminate.

Implementation Procedures

The UMGC President has designated the Chief Human Resources Officer (CHRO) to administer this policy; to develop procedures as necessary to implement this policy; to communicate this policy to the UMGC community; and to post the policy and any applicable procedures on the UMGC website.

Reference: Annotated Code of Maryland, State Personnel and Pension Article, Section 9-1107.

Replacement for:

• USM BOR VII-7.23: Policy on Military Leave With Pay for Nonexempt and Exempt Staff Employees

• USM BOR VII-7.24: Policy on Call-Up to Active Military Duty during a National or International Crisis or Conflict for Nonexempt and Exempt Staff Employees

• UMGC OS 20.00: Policy on United States Armed Services Military Leave

See Procedures P-VII-7.23-GC: Procedures for UMGC Policy on Time Off for Military Training and Military Administrative Time Off

See all Human Resources Policies and Procedures