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Military Leave

A University employee who has served with the OUS, the State of Oregon, or the state's counties, municipalities or other political subdivisions for six months or more immediately preceding an application for military leave, and who is a member of the national Guard or of any reserve component of the armed forces of the United States may take time off work for military duty or seek reinstatement to their former jobs when they return from military duty under protections provided by federal law. Qualifying employees must leave employment in "other than a temporary position" for the purpose of military training, service or examination. This may include part-time, seasonal and temporary employment when the work was to be continuous for an indefinite period or regularly recurs.

On January 28, 2008 two new leaves were added to FMLA for military family members: Call To Duty Leave and Service Member Family Leave. These leaves are to deal with a "qualifying exigency" that occurs when a family member is called to active duty service or to care for an injured veteran.

Another type of military leave provides time off for military duty when an employee is a member of the organized militia of Oregon, or a member of an organized militia of another state, and is called into active service. This leave is not to comply with "reserve training obligations" rather a call to duty for an extended period. This leave is unpaid.

Returning veterans are guaranteed reinstatement rights in most cases. A returning veteran cannot have served more than five years on active duty since leaving the job to which the veteran requests reinstatement.

To apply for Military Leave, employees must provide verbal or written notice. If written notice is given, employees should complete the Personal Leave Without Pay Request form. Notice must be in advance of the absence, except in instances involving "military necessity" or where the giving of notice is otherwise impossible or unreasonable. The request for Military Leave must be accompanied by the orders to the employee requesting that the employee report for duty. Returning veterans and reservists must notify their former employers of their intention to resume their former jobs within 90 days of release from duty. A request for reinstatement must include a copy of official release from duty that includes the date of release. Reservists and guardsmen returning from training must only inform their employers of their training obligations and report back at the "next regularly" scheduled working period.

For additional information on Military leave refer to The Department of Administrative Services website. In addition the Oregon University System provides for a Military Donated Leave Program (MDLP). The program provides a means for state employees to provide financial assistance to other state employees on active duty military leave. For more information on this program refer to Military Donated Leave Program (MDLP)