Military Active Duty and Training Leave

Military Active Duty and Training Leave, under the Family Medical Leave Act (FMLA), provides eligible employees job-protected leave for active military service for employees who enlist or are inducted in to the armed forces of the United States. Military training leave is an absence for military reserve or National Guard training.

This leave type is referred to as Qualifying Exigency Leave by the Department of Labor.

Eligibility

Staff and Faculty employees who have been employed by Macalester College for at least 12 months and have worked a minimum of 1,250 hours during the 12 months immediately preceding the start date of the requested leave can be eligible for Military Active Duty and Training Leave.

Military leave and its components are governed by these Acts:

• Family and Medical Leave Act (FMLA) – for Active Duty Leave
• National Defense Authorization Act (NDAA), and
• The Uniformed Services Employment and Reemployment Rights Act (USERRA)

An Active Duty Leave, under FMLA, is granted by the College when service members of the Armed Forces’ Reserve components, National Guard, retired service members, or Reservists are on active duty or called to active duty in support of a contingency operation.

Similarly, the National Defense Authorization Act provides up to 12 weeks of leave for a qualifying obligation when service members of the regular Armed Forces are deployed to a foreign country under a certain call or order to active duty.

Leave for military training is granted at any time during active employment.

The College provides broad re-employment protections for members of uniformed services following periods of military service in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Leave Details

Pay

Staff employees are able to use available vacation time, sick time, and floating holiday while on their approved Military Active Duty and Training Leave. When a Macalester designated holiday falls during an employee’s FMLA leave of absence, the employee will receive the holiday pay but that day(s) will count towards the employee’s FMLA allotment of hours. If an employee is on a intermittent leave of absence, the employee must work the day prior and after the holiday to not have the holiday’s counts towards the FMLA and leave allotment. 

Faculty employees will receive full pay continuation

Duration

Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks leave, equivalent to their regular working schedule, within a 12-month period. This leave can be taken in one continuous block or, if needed, in smaller segments (intermittently), depending on the reason for leave and approval.

Benefits

If an employee is approved for Military Active Duty or Training Leave they will continue to have benefit coverage in accordance with the Family Medical Leave Act. Insurance premiums, which are collected through payroll deductions will continue when the employee is receiving pay. If the employee is on an approved Military Active Duty or Training Leave and is not receiving pay, they will owe Macalester for benefits employee contributions which will be coordinated at the time the approved leave of absence has ended.

Job Protection

Employees job are held for up to 12 weeks in any 12-month period. In the case of intermittent leave or leave taken through a reduced work schedule, the job may be held for the time equivalent to 12 weeks of their regular work schedule