Nebraska Administrative Code
Topic - ADMINISTRATIVE SERVICES, DEPARTMENT OF
Title 273 - STATE PERSONNEL DIVISION
Chapter 9 - PROVISIONS FOR LEAVE
Section 273-9-11 - MILITARY LEAVE

Current through October 16, 2022

11.01 FEDERAL STATUS, ACTIVE SERVICE. State employees (including temporary employees) who are members of the Nebraska National Guard or any other reserve component will be entitled to a military leave of absence from their respective duties, without loss of pay as prescribed below, when employed with or without pay, under the orders or authorization of a competent authority in the active service of the State or of the United States. Members who normally work or are normally scheduled to work 120 hours or more in three consecutive weeks will receive a military leave of absence of 120 hours each calendar year. Members who normally work, or are normally scheduled to work, less than 120 hours in three consecutive weeks will receive a military leave of absence each calendar year equal to the number of hours they normally work or would normally be scheduled to work, whichever is greater, in three consecutive weeks. Such military leave of absence may be taken in hourly increments and will be in addition to the regular annual leave. ("Annual leave" is interpreted to mean "vacation leave" for state employees.) Such orders will be from the Adjutant General's office of the Nebraska National Guard or from a reserve component which has specific authority to issue military orders.

011.01(A) When an employee's active service period continues into a new calendar year, the employee becomes eligible for another 120 hours of military leave on January 1 of the new calendar year. The agency will contact the employee or a member of the employee's family to advise them of this eligibility. The employee may choose to utilize it or save it for later in the calendar year. In no case does the leave carry over into another calendar year. The employee, or duly delegated family member, will notify the agency, in writing, of their decision.

11.02 STATE ACTIVE SERVICE FOR EMERGENCIES. When the Governor of this state declares that a state of emergency exists and any of the persons named in this section (See 011.01) are ordered to active service of the State, a state of emergency leave of absence will be granted until such member is released from active duty of the State by competent authority. The emergency leave of absence is administered in the same manner as the military leave of absence, except without a 120-hour limitation.

011.02(A) Sick and vacation earnings and holiday pay are continued during this authorized absence.

11.03 ENLISTMENT OR EXTENDED DUTY. Employees, other than temporary, who leave their positions to undergo military training or extended duty with the armed forces of the United States or undertake military duty in the active service of the State are entitled to a leave of absence for a period of such training and/or service, not to exceed five years. This will be without loss of pay during the first 15 work days of the leave of absence, provided they have not already used the allotted time in that calendar year. All actions related to an employee's employment and benefits will be taken in accordance with the Uniformed Service Employment and Reemployment Rights Act of 1994 (USERRA, 38 USC 4316 (2004), 38 USC 4317 (2004) and 38 USC 4318 (2004)) and amendments.

011.03(A) Upon returning from training and/or service within five years, employees are entitled to be reinstated in their former position or a similar position, at a salary level they would have been entitled to had they not been on leave of absence, if application is made in accordance with USERRA provisions (38 USC 4312 (2004)). The employee's service date will not be adjusted due to this type of leave of absence.

11.04 COPIES OF ORDERS. Proper documentation, including copies of orders for all military leave absences, will be retained at the agency level in the employee's personnel file.

Adopted effective 12/21/2021

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