Policies and Procedures Manual

Chapter 5: Personnel

05:08:16   Leave: Military Leave

(TBR Policy 5:01:01:04)

All employees of Northeast State Community College who are members of any reserve component of the armed forces of the United States or of the Tennessee National Guard shall be entitled to leave of absence from their duties for all periods of military service during which they are engaged in the performance of duty or training in the service of this State, or of the United States, under competent orders as stipulated in U.S.C. Title 38, § 4311-4318 and T.C.A. § 8-33-101 through 8-33-109 and 58-1-106.

  1. Military Leave with Pay
    1. Each employee who is on military leave shall be paid his or her salary or compensation for a period, or periods, not exceeding twenty (20) working days in any one (1) calendar year.
    2. Holidays and scheduled off duty days do not count toward the twenty (20) workdays allowed.
    3. The employee continues to earn regular pay, service credit, and applicable annual and/or sick leave accruals. All other rights and benefits continue to which the employee is otherwise entitled.
    4. A regular employee who has exhausted the twenty (20) days of paid leave in any one calendar year may elect to use accrued annual leave. In addition, a regular employee may use accrued sick leave if the employee provides proof to the president that he or she was sick while serving in the armed forces.
    5. An employee on terminal leave is entitled to use his or her twenty (20) days of paid military leave with no loss of rights or benefits to which the employee is otherwise entitled.
    6. Employees must furnish certification from competent military authority of the dates active duty was actually performed.
    7. Longevity credit will not be affected.
    8. Employees are entitled to additional paid leave if called to active duty pursuant to T.C.A. § 58-1-106.
       
  2. Longevity
    1. During a period of military leave, a regular employee continues to earn service credit for longevity pay. Upon reemployment, and in accordance with the employer’s payroll procedures, the employee will receive all longevity pay that would have been paid if employment had been continuous.
       
  3. Leave Accrual
    1. A returning employee will begin to accrue leave at the rate(s) that would have been in effect if employment had been continuous.
       
  4. Additional information regarding Military Leave and Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994, amended 1/18/06 (20 C.F.R. 1102.115) can be found in TBR Policy 05:01:01:04, Military Leave.

Final approving authority for military leave is the president.



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Divisional Review Responsibilities Checklist: Human Resources

Revision History: May 2002, August 2010, March 2011