Current through all regulations passed and filed through September 16, 2024
(A) Policy statement. Youngstown state
university recognizes the need to have a policy that addresses the employment
and reemployment rights of full and part-time employees who serve in the
uniformed
services. It is the policy of the university to comply with the Uniformed
Services Employment and Reemployment Act of 1994 ("USERRA"), as revised, and
applicable state laws which protect job rights and benefits for veterans and
members of the reserves.
(B)
Purpose. The purpose of this policy is to demonstrate the university's support
for its employees who are part of the uniformed services and to outline the
rights and responsibilities of such employees.
(C) Scope. This policy applies to
permanent public employees who are
performing service in the uniformed services as defined in section
5923.05 of the Revised
Code.
(D) Definition, as defined in
section 5923.05 of the Revised
Code:
(1) "Uniformed services means the armed
forces; the Ohio organized militia, when engaged in active duty for training,
inactive duty training, or full-time national guard duty; the commissioned
corps of the public health service; and any other category of persons
designated by the president of the United States in time of war or
emergency."
(2)
"Permanent public employee" means any person holding a
position in public employment that requires working a regular schedule of
twenty-six consecutive biweekly pay periods or any other regular schedule of
comparable pay periods which is not limited to a specific season or duration.
Permanent public employee does not include student help, intermittent, seasonal
or external interim employees, or individual covered by personal services
contracts.
(E)
Parameters.
(1) Employees defined in this
policy are eligible for uniformed services benefits and reemployment rights in
accordance with state and federal law.
(2) Leaves of absence for service in the
uniformed services shall be granted in accordance with Chapters 5903. and 5923.
of the Revised Code and Chapter 123:1-34 of the Administrative Code.
(3) Reinstatement and reemployment of
employees in the uniformed services shall be in accordance with the Uniformed
Services Employment and Reemployment Rights Act of 1994 (38 U.S.C.
4301, et seq.) and Chapter 123:1-34 of the
Administrative Code.
(4) Generally,
permanent public employees, as defined in section
5923.05 of the Revised Code, who
are members of uniformed services, as defined in paragraph
(D) of
this rule, are entitled to a leave with pay for such time as they are
performing service in the uniformed services for up to one month days in any
calendar year. Paid leave may not exceed one hundred seventy-six hours in any
calendar year.
(5) Any permanent
public employee called to the uniformed services for a period in excess of one
month (one hundred seventy-six hours) because of an executive order issued by
the president of the United States or because of an act of congress or because
of an order to perform duty issued by the governor, pursuant to section
5919.29 or
5923.21 of the Revised Code, may
receive during this period the difference between the employee's gross monthly
wage or salary from the university and his/her gross uniformed service pay and
allowances received in a particular month.
(6) Leave without pay will be granted in the
event of voluntary or involuntary induction into uniformed service and in
compliance with federal and state statutes.
(7) Employees on uniformed service leave
without pay beyond thirty days have the right to elect continuation of health
care coverage for up to eighteen months, but will be responsible for the full
premium for the coverage elected. Employees on uniformed service leave without
pay for up to thirty days will be given the option of making direct payments of
the employee's share of the health insurance premium.
(8) Employees who accrue more than five years
of cumulative uniformed service leaves of absence are excluded from university
reemployment and fringe benefit rights, except as provided in
38
U.S.C. 4312, as amended.
