R477-7-10. Military Leave

  A benefited or non-benefited employee who is a member of the National Guard or Military Reserves and is on official military orders is entitled to paid military leave not to exceed 120 hours each calendar year, including travel time, under Utah Code Section 39-3-2. Military leave for part-time employees shall be based on a prorated basis that is no more than the average hours worked in the last 12 months, or if employed less than 12 months, the average hours worked since date of hire.

  (1) An employee may not claim salary for non-working days spent in military training or for traditional weekend training.

  (2) An employee may use any combination of military leave, accrued leave or leave without pay under Section R477-7-13.

  (a) Accrued sick leave may only be used if the reason for leave meets the conditions in Section R477-7-4.

  (3) An employee on military leave is eligible for any service awards or non-performance administrative leave the employee would otherwise be eligible to receive.

  (4) An employee shall give notice of official military orders as soon as possible.

  (5) Upon release from official military orders under honorable conditions, an employee shall be placed in a position in the following order of priority.

  (a) If the period of service was for less than 91 days, the employee shall be placed:

  (i) in the same position the employee held on the date of the commencement of the service in the uniformed services; or

  (ii) in the same position the employee would have held if the continuous employment of the employee had not been interrupted by the service.

  (b) If the period of service was for more than 90 days, the employee shall be placed:

  (i) in a position of like seniority, status and salary, of the position the employee held on the date of the commencement of the service in the uniformed services; or

  (ii) in a position of like seniority, status, and salary the employee would have held if the continuous employment of the employee had not been interrupted by the service.

  (c) When a disability is incurred or aggravated while on official military orders, the employing agency shall adhere to the Uniformed Services Employment and Reemployment Rights Act (USERRA), United States Code, Title 38, Chapter 43.

  (d) The cumulative length of time allowed for reemployment may not exceed five years. This rule incorporates by reference 20CFR1002.103 for the purposes of calculating cumulative time.

  (e) An employee is entitled to reemployment rights and benefits including increased pension and leave accrual to which the employee would have been entitled had the employee not been absent due to military service. An employee entering military leave may elect to have payment for annual leave deferred.

  (6) In order to be reemployed, an employee shall present evidence of military service, and:

  (a) for service less than 31 days, return at the beginning of the next regularly scheduled work period on the first full day after release from service unless impossible or unreasonable through no fault of the employee;

  (b) for service of more than 30 days but less than 181 days, submit a request for reemployment within 14 days of release from service, unless impossible or unreasonable through no fault of the employee; or

  (c) for service of more than 180 days, submit a request for reemployment within 90 days of release from service.