No: S-40

Date: October, 1996 (3rd Rev.)
Original 5/77; rev.11/87

Authority: 38 U.S.C. 43, 230.35 (3)(a) Wisconsin
                 Statutes and UWM Administration

As it is the stated purpose of Congress under 38 U.S.C. s. 4301 et seq. to encourage noncareer military service; to minimize the disruption to the lives of persons performing service in the military as well as to their employers; and to prohibit discrimination against persons because of their military service, the UWM Military Leave Policy is as follows:

I.     Eligibility

Any permanent employee of UWM who performs duty in the uniformed services as specified under U.S.C. s. 4306 (16) is entitled to an unpaid leave of absence without loss of time in service to the state so that such employee may attend on a voluntary or involuntary basis active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty or examination to determine fitness for duty [38 U.S.C. s. 4303 (13)].

Non-probationary represented classified employees shall also be by the provisions of any applicable collective bargaining agreement.

II.    Length of Leave

Such leave will be granted for any period of time up to a total accumulation of five (5) years absence.

III.  Compensation

For absence periods of greater than 2 days but not exceeding 30 days, excluding Saturdays, Sundays and holidays as indicated under s. 230.35 (4) Wis. Stat., the employee shall receive his/her base State of Wisconsin pay less the amount receive for the military duty. The reduction shall not be more than the base State of Wisconsin pay. Compensation is not affected by this policy where limited military service occurs outside of working hours [s. 230.35 (3)(a) Wis. Stat.].

For all absences of greater than 30 days, employees shall be entitled to leave of absence without pay. Employees may substitute accrued leave time (annual leave, personal holiday, compensatory time) for some or all of the leave without pay.

IV.  Notification of Commencement of Military Duty

It shall be the responsibility of all UWM employees to notify their appropriate appointing authorities of the commencement date of the military leave and its expected duration within a reasonable period of time of learning it, so that substitute staffing can be arranged, if necessary.

V.    Notification of Intent to Return

Employees completing a leave for military duty must notify UWM of their intent to return (38 U.S.C. s. 4312). If the employee's period of service was for 30 days or less, the employer must be notified on the day following the end of the military service.

If the employee's period of service was more than 30 days but fewer than 181 days, the employer must be notified within 14 days of the end after the military service.

If the employee's period of service was for more than 180 days, the employer must be notified within 90 days after the military service.

An employee who fails to notify the employer of his/her intent to return within the period specified shall be subject to disciplinary action up to and including termination for unexcused absence.

VI.   Other Conditions

Leave granted this policy is in addition to all other leaves granted or authorized by any other law. For the purpose of determining seniority, pay or pay advancement, or performance awards, the status of the employee shall be considered uninterrupted by a period of military leave under this policy.