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Active Military Duty Leave Types (exempt employees)
Reference: Ohio Administrative Rule 123:1-34-05
For periods of voluntary or involuntary active duty of 1-30 days, employees on duty may use any combination of the below:
- Military leave with pay (176 hours)
- While on paid military leave, employees accrue all forms of leave - sick, vacation, and personal. After the 176 hours of paid military leave expires, employees do not accrue any form of leave.
- Leave without pay (not to exceed 2 full pay periods)
- Personal, vacation and compensatory leave
For periods of voluntary or involuntary active duty of 1-180 days, if military leave with pay (176 hours per year) is already exhausted, and vacation, personal and compensatory leave are not available, or the employee does not desire to use any portion of their available leave balances, employee may use:
- Military Leave of Absence Without Pay, though it is not renewable or extendable past 180 days total
(Note: Employees called to Federal Duty are eligible for the benefits provided in Amended Substitute Senate Bill 164 (Pay Differential and Health Care), while employees called to State Active Duty are not.)
For periods of voluntary or involuntary active duty of unknown duration that will obviously exceed 180 days with no known date of return:
- Employee will have full reinstatement rights after release from active duty if the individual submits a written request for reinstatement within 90 days.
- Employee may retain health care insurance by paying their share of the premium. The State of Ohio will continue to pay the employer's share.
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Personal Leave of Absence Without Pay for Military Duty (exempt employees)
- Personal Leave of Absense Without Pay should be used when:
- The exact starting and ending dates for military duty are known
- Paid military leave (176 hrs. per year) is exhausted but the individual must continue his/her military duty past the 176 hrs allowed
- Appropriate travel time to and from the military duty station must be included in the total leave requested (not to exceed 180 days).
- For example, if an employee is ordered to active military duty (or volunteers) for a period of 45 days, then his/her request for a personal leave of absence should probably be for 47 days. This would allow for one day travel to report and one day travel back to his/her home of record after release from active duty. In unusual circumstances, it may be appropriate to allow two days travel on each end because of distance. There is no standard rule for allowance of travel time. Supreme Court decisions refer to the term "allowable" or "reasonable" travel time to and from active military duty station. Certainly distances of 100 miles or less should not require additional travel days in excess of the actual military duty days.
- In all cases, there must be military orders for either voluntary or involuntary active military duty. In most cases these orders are printed and distributed prior to the active duty date. In a few cases, the orders are not actually printed and/or distributed until the individual has progressed 2 or 3 days into the active duty period. In either case, the employee has the responsibility to provide a copy of such orders to their human resources office. If an individual must deploy prior to orders being issued, then a letter (on military unit letterhead) signed by the military commander as a temporary document in lieu of the orders is acceptable to process the leave request. When orders are issued, a copy must immediately be forwarded to the human resources office of their agency.
- The Leave Request (Military) Form must be used to request a personal leave of absence without pay for military reasons, for 1 through 180 days. This military duty may be voluntary or involuntary.
- Unless the employee has requested to use his/her available leave balances after the 176 hours have been exhausted, all leave balances (vacation, personal or compensatory) will remain intact throughout this period.
- Employees on an approved leave of absence from 1-180 days may retain their health and medical insurance plan during this period by making direct payments or they may let their insurance lapse until their return to a pay status.
- An employee has reinstatement rights to the same or similar position if he/she applies in writing to the appointing authority within the designated ti after release from active duty date:
- Active duty service of less than 30 days, must apply for reinstatement immediately upon release from active duty.
- Active duty service of 31-180 days, must apply for reinstatement within 14 days upon release from active duty.
- Active duty service in excess of 181 days, must apply for reinstatement within 90 days upon release from active duty.
- Must have an honorable discharge or released from duty in an honorable status.
- Requests for personal leave of absence without pay for military duty require a copy of military orders.
- Exempt employees on unpaid military leave do not accrue sick, vacation, or personal leave.
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Active Military Duty Leave Types (bargaining unit employees)
For periods of active duty 1-30 days, for voluntary or involuntary duty, any combination of the following may be used:
Military Leave With Pay (176 hours per year).*
Can be leave without pay not to exceed 2 full pay periods.
Can use vacation, personal or compensatory leave.
*Employees called to Federal Duty are eligible for the benefits provided in Amended Substitute Senate Bill 164 (Pay Differential and Health Care), while employees called to State Active Duty are not.
For periods of active duty, voluntary or involuntary, of up to 365 days, if military leave with pay (176 hours per year) is already exhausted and personal, vacation and compensatory leave balances are not available, or the employee does not desire to use any portion of his/her available leave balances, the employee may use Personal Leave of Absence without pay. Personal Leave of Absense is not renewable or extendable past 365 days total.
For periods of active duty, voluntary or involuntary, of unknown duration that will obviously exceed 365 days with no known date of return:
- Full reinstatement rights after release from active duty if individual submits a written request for reinstatement within 90 days.
- Employee may retain health care insurance by paying their share of the premium. The State of Ohio will continue to pay the employer's share.
All bargaining unit employees accrue all forms of leave - sick, vacation, and personal until their 176 hours of paid military leave expires.
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Personal Leave of Absence Without Pay for Military Duty (bargaining unit employees)
- This type of leave should be used when:
- The exact starting and ending dates for military are known.
- Paid Military Leave (176 hrs per year) is exhausted but the individual must continue his/her military duty past the 176 hrs allowed.
- Appropriate travel time to and from military duty station must be included in the total leave requested (not to exceed 365 days).
- For example, if an employee is ordered to active military duty (or volunteers) for a period of 45 days, then his/her request for a personal leave of absence should probably be for 47 days. This would allow for one day travel to report and one day travel back to his/her home of record after release from active duty. In unusual circumstances, it may be appropriate to allow two days travel on each end because of distance. There is no standard rule for allowance of travel time. Supreme Court decisions refer to the term "allowable" or "reasonable" travel time to and from active duty station. Certainly distances of 100 miles or less should not require additional travel days in excess of the actual military duty days.
- In all cases, there must be military orders for either voluntary or involuntary active military duty. In most cases these orders are printed and distributed prior to the active duty date. In a few cases, the orders are not actually printed and/or distributed until the individual has progressed 2 or 3 days into the active duty period. In either case, the employee has the responsibility to provide a copy of such orders to their human resources office. If an individual must deploy prior to orders being issued, then a letter (on military unit letterhead) signed by the military commander as a temporary document in lieu of the orders is acceptable to process the leave request. When orders are issued, a copy must immediately be forwarded to the human resources office of the agency.
- The Leave Request (Military) Form must be used to request a personal leave of absence without pay for military reasons, for 1-through 365 days. This military duty may be voluntary or involuntary.
- Unless the employee has requested to use his/her available leave balances after the 176 hours have been exhausted, all leave balances (vacation, personal or compensatory) will remain intact throughout this period.
- Employees on an approved leave of absence (1-365 days) may retain their health and medical insurance plan during this period by making direct payments OR they may let the insurance lapse until their return to a pay status.
- An employee has reinstatement rights to the same or similar position if he/she applies in writing to the appointing authority within 90 days from his/her release from active duty date.
- Active duty service less than 30 days, must apply for reinstatement immediately upon release from active duty.
- Active duty service 31-180 days, must apply for reinstatement within 14 days upon release from active duty.
- Active duty service in excess of 181 days, must apply for reinstatement within 90 days upon release from active duty.
- Must have honorable discharge or released from duty in an honorable status.
- Requests for this kind of leave require a copy of military orders.
- May retain health and medical insurance plan during this period, or they may let their insurance lapse until their return to an active pay status.
- Employees covered under the OCSEA, OSTA, 1199, and FOP contracts only accrue sick leave while on unpaid military leave. These employees do not accrue any other forms of leave. Employees covered under the SCOPE contract do not accrue any form of leave while on unpaid military leave.
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