Cornell Cooperative Extension of Tompkins County

Human Resource Policy Manual

Policy Statement – The Association recognizes the importance of military service and complies with all federal and state regulations relating to military leaves and reserve leaves of absence. The Association shall grant an employee time off for active duty in the armed forces of the United States or to attend training duty in the National Guard or military reserves.

Approval of Leaves - Military leaves of absence will be provided to regular full-time, regular part-time, and benefits-eligible temporary staff members in accordance with the federal Uniformed Service Employment and Reemployment Rights Act (USERRA) and applicable New York State laws, which protect individuals with military commitments from detrimental employment decisions based on such commitments. Military leaves of absence may be paid or unpaid leaves in accordance with the provisions of this policy.

Notification for Military Leaves of Absence - Unless giving notice is unreasonable or precluded by military necessity, staff members requiring a military leave of absence should provide their supervisors with a written or verbal advance notice along with, if available, a copy of the military order. It is recommended that the notice be given to the supervisor at least two weeks before the military leave of absence date.

The supervisor of the staff member should inform the Association payroll representative of the military leave (and provide a copy of the military order if available) in order to complete a University Personnel Action Form (UPAF) to affect the military leave. A copy of the UPAF and the military order should be placed in the staff member's official personnel file.

Military Reserve Provisions – This section applies to regular staff members who may be drafted into the armed services, as well as members of the Army, Air Force, Coast Guard, Navy, and Marine Corps Reserves. Additionally, it applies to staff members who are called to the National Guard who are called to service or volunteer for active duty during a period when the President of the United States orders units of the Ready Reserve and members of reserve components to active duty.  

Coverage - Regular employees who are members of military reserve units and of the National Guard will be granted leave for active service and required training. Full pay will be granted for a period or periods not to exceed 30 calendar days or 22 working days, whichever is greater, during any one calendar year or for any one continuous period of military duty if the duty or training crosses calendar years.

Active Service Provisions – This section apply to regular staff members who may be drafted into the armed services, as well as members of the Army, Air Force, Coast Guard, Navy, and Marine Corps Reserves. Additionally, it applies to staff members who are called to the National Guard who are called to service or volunteer for active duty during a period when the president of the United States orders units of the Ready Reserve and members of reserve components to active duty. Active Service Provisions include the following:

Voluntary Training Provisions - Members of military reserve units and of the National Guard may take a leave of absence without pay for a period or periods up to and including six months to voluntarily attend a service school. No employee, however, is entitled to such a leave of absence in excess of a total of six months over a four-year period.

Procedure - The staff member must request leave. No amount of notice to the employer is required to initiate leave without pay for active duty or required military training as the approximate beginning and concluding dates of the leave may not be known. However, the association may ask approximate beginning and ending dates of training. It would be valuable to inform the association as soon as possible, however, so alternative work coverage may be developed.

As with all other paid leaves with the association, paid leave must be requested as far in advance as possible. To implement leave with pay provisions of this policy for active duty or required training, a copy of the official orders must be shared with the supervisor before the start date of the leave. Otherwise, the leave will be instituted as leave without pay for the period of the employee's absence.

Continuation of Benefits - When an individual goes on leave without pay, arrangements must be made to continue insurance coverage.

Spousal Leave - New York State law requires a spouse of a member of the Armed Forces of the United States, National Guard or reserves, who has been deployed during a period of military conflict to a combat theater or combat zone of operations, be allowed ten days unpaid leave by their employer and that no employee shall be retaliated against by his/her employer for obtaining a leave of absence. Such leave shall only be used when such person's spouse is on leave from the armed forces of the United States, National Guard or resesrves while deployed during a period of military conflict to a combat theater or combat zone of operations. The spouse may use accrued vacation or personal leave.

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