Ohio Administrative Code
Title 3342 - Kent State University
Chapter 3342-6 - Administrative Policy on Awards and Compensation for University Employees
Section 3342-6-11.6 - Administrative policy regarding military leave of absence
Universal Citation: OH Admin Code 3342-6-11.6
Current through all regulations passed and filed through September 16, 2024
(A) Purpose. It is a university priority that reasonable effort will be made to ensure that faculty and staff members called to serve in military duty will be treated fairly regarding arrangements for leaves of absence. It will be the policy of the university to ensure smooth transitions for employees called to assume activity military responsibilities. Units on all campuses should work diligently to respond with concern and care for the individual situation in accordance with federal and state statute, university policies, and collective bargaining agreements regarding leaves and employment.
(B) Criteria/Sicope.
(1)
Each member of
the university who is a member of the Ohio national guard, the Ohio defense
corps, the Ohio naval militia, or a member of any other reserve component of
the armed forces of the United States, shall be granted leave of absence from
his or her respective duties without loss of pay for such time as he or she is
in the military service on field training or active duty for periods not to
exceed thirty-one days in any one calendar year. Per Ohio statute the following
applies:
(a)
The maximum number of hours for which payment can be made in
any one calendar year is one hundred seventy-six hours.
(b)
The service does
not have to be for one continuous period of time.
(C) Implementation.
(1)
Military leave, as described, must be requested in
writing prior to the absence. The employee is required to submit to their
director or manager and the appointing authority the written request for leave,
along with an order or statement from the appropriate military commander as
evidence of such duty.
(2)
If members in the Ohio national guard are ordered by
the governor to assist civil authorities in such duties as flood and riot
control or civil defense, and such duty exceeds military leave authorized for
the year, they shall be granted emergency leave without pay. Members of any
other reserve component of the armed forces of the U.S. shall also be granted
emergency leave without pay if called to active duty and that term exceeds the
annual authorized amount.
(3)
Staff members who have worked for the university at
least ninety calendar days will be granted a leave of absence without pay to be
inducted or otherwise enter military service. They will not be paid for such
leave unless they are members of reserve components as specified
above.
(4)
A staff member who reenlists while on active duty, or a
commissioned officer who voluntarily enters on extended active duty beyond that
required upon accepting a commission, is not eligible for immediate
reinstatement.
(5)
Members will be reinstated into University employment
in accordance with the Uniformed Services Employment and Reemployment Rights
Act of 1994 (USERRA), as amended. Employees must make a timely application for
reemployment according to the requirements of USERRA.
(a)
Reinstatement
must be accomplished promptly within thirty days after application is
received.
(b)
A copy of the discharge or certificate of service must
be submitted with all requests for reinstatement of
reappointment.
(6)
The following three-part reemployment process required
under USERRA will apply for persons with a disability incurred during
service:
(a)
The employer must make a reasonable effort to accommodate
the person's disability so that the person can perform the position that the
person would have held if the person had remained continuously
employed.
(b)
If, despite reasonable accommodation efforts, the
person is not qualified for the position in paragraph (C)(6)(a) of this rule
due to his or her disability, the person must be reemployed in a position of
equivalent seniority, status, and pay, so long as the employee is qualified to
perform the duties of the position, or could become qualified to perform them
with reasonable efforts by the employer.
(c)
If the person
does not become qualified for the position in either paragraph (C)(6)(a) or (C)(6)(b) of
this rule the person must be employed in a position that, consistent with the
circumstances of that person's case, most nearly approximates the position in
paragraph (C)(6)(b) of this rule in terms of seniority, status and
pay.
(7)
Staff members are entitled to all salary benefits or
other advancement accruing to their position during their absence.
Replaces: 3342-6- 11.6
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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