Lawriter - OAC - 3335-73-02 Military leave.

3335-73-02 Military leave.

(A) An employee who enlists or is commissioned in the United States armed forces or who is a member of the Ohio national guard, Ohio military reserve, the Ohio naval militia, or is in the reserves for any branch of the United States armed forces, may request military leave. Such military leave may be requested for the performance of duty on a voluntary or involuntary basis and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty or an examination to determine the fitness to perform any such duty. An employee may be absent from university employment pursuant to this rule for a cumulative amount of time not to exceed five years unless special orders are issued by the president of the United States or the United States department of defense.

(B) An employee who requests military leave must provide reasonable advance written notice of such active military service to the university. Such advance notice is not required when it is precluded by military necessity or the giving of such notice is otherwise impossible or unreasonable.

(C) The university is not required to reemploy a person after military leave if:

(1) The university's circumstances have so changed as to make such reemployment impossible or unreasonable;

(2) Such reemployment would impose an undue hardship upon the university; or

(3) The employment from which the person leaves to serve in the uniformed services is for a brief, nonrecurrent period.

(D) Unless otherwise ineligible, upon completion of military service, the employee will apply for reemployment in a timely manner:

(1) For service of less than thirty-one days, notice must be given no later than the beginning of the first full regularly scheduled work period that starts at least eight hours after return from military service.

(2) For service of more than thirty days, but less than one hundred eighty-one days, notice must be given no later than fourteen days after return from military service.

(3) For service of more than one hundred eighty days, notice must be given no later than ninety days after return from military service.

(E) Following a military leave, an employee eligible for reemployment shall return, within thirty days of the request of reemployment, to the same or similar position regardless of the employee's civil service status.

(F) An employee shall be reemployed with all rights and benefits generally available to employees in a comparable unpaid leave, including the following:

(1) All sick and vacation leave that had been accumulated at the time of entering service;

(2) All seniority that would have accrued had the employee been on the job;

(3) Automatic salary adjustments associated with the position and due the employee had the employee been on the job;

(4) Any change in classification or pay range that would be due the employee had the employee been on the job; and

(5) Reinstituted health insurance and related insurance benefits with no waiting periods or pre-existing conditions exclusions.

(G) This rule does not apply to any employee who, by re-enlisting or extending active duty beyond the commission, displays an intent to remain on extended active duty in the armed services of the United States.

(H) A reemployed individual shall not be terminated, except for cause or other legitimate nondiscriminatory reasons:

(1) Within twelve months after the date of reemployment, if the employee had been employed by the university for more than one hundred eighty days prior to the date of reemployment; or

(2) Within one hundred eighty days after the date of such reemployment, if the employee had been employed by the university for more than thirty days but less than one hundred eighty-one days prior to the date of reemployment.

(I) Discrimination or retaliation with regard to any aspect of employment against an individual for voluntary or involuntary membership in uniformed service is prohibited.

(J) Family and medical leave as it applies to members of the military and their family members is provided for in university human resources policy.

Replaces: 3335-73-02


Effective: 6/1/2011
Promulgated Under: 111.15
Statutory Authority: 3335
Rule Amplifies: 3335.08
Prior Effective Dates: 06/14/1982, 06/22/1997, 07/01/2001, 06/01/2011