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Return to Work from Military Leave

When employees return from Military Duty, every attempt will be made, within the legal guidelines, to reinstate the employee to a position equivalent to the one they left before service. At times circumstances may have changed during the employee's absence that will make it impossible or unreasonable for the University to rehire the employee following their uniformed service, i.e. a reduction in workforce. Even though employers are not obligated to make efforts to qualify returning employees for specific positions, or to make accommodations for employees who suffered service-related disabilities when such efforts of accommodations would impose an "undue hardship" on the employer, the University will use the following guidelines for reinstatement:

· Military LOA for 90 days or less will be re-employed in the job that the employee would have held, had s/he not taken military leave, but only if s/he is or can readily become qualified for that position. If this is not possible, the employee may be re-employed in a position closest to what the employee is qualified to perform.

· Military LOA for 91 days or more will be re-employed in the job that the employee would have held, had s/he not taken military leave, or in the University’s discretion, in a position of “like”, status and pay to that position. A reasonable effort will be made to assist the employee in qualifying for the same or “like” position. If these options are not possible, the employee may be re-employed in a position closest to what they are qualified to perform.

If you are required to attend yearly Reserves or National Guard duty, you can apply for unpaid temporary military leave of absence not to exceed 17 calendar days (including travel). However, if you prefer, you may use your earned vacation time for this purpose. You should give your manager and Human Resources as much advance notice as possible.

For more information please use the link below:

http://www.samuelmerritt.edu/policies/hr/leave-absence-other-types-leaves

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