1.0 Policy Purpose
Brown University supports employees who may need to take a leave of absence to satisfy military obligations or call to active duty. This policy outlines legal requirements under USERRA (Uniform Services Employment and Reemployment Rights Act) and provides guidance for employees who may need to take a leave of absence.
2.0 To Whom the Policy Applies
This policy applies to all staff and faculty who are members of the Uniform Services.
3.0 Policy Statement
Faculty and staff who must take a leave of absence related to their obligations in the Uniform Services are entitled to reinstatement rights, benefits and job protection provided under USERRA. When the leave is completed, the employee will be reinstated to their former position (or equivalent position) with the same seniority, status and rate of pay they would have obtained had they remained continuously employed. Employees will not be discriminated against in hiring, promotion, or retention of employment decisions on the basis of present and future membership in the Uniform Services.
3.1 Employment Rights
An employee qualifies to return to work when:
- The employee has left a civilian job to perform active duty
- The employee gave notice for leave to active duty (documentation must verify the leave reason)
- The leave has not exceeded five years
- The employee was honorably discharged, and
- The employee reported back to work within a specific time period
3.2 Benefit Rights
An employee returning from active duty will be reinstated for health insurance coverage and any waiting period for benefits coverage will be waived upon the employee’s return to work.
3.3 Supplemental Pay
An employee called to active duty (including extended training) is eligible for supplemental pay equal to the difference between compensation for military duty (excluding payments for room and board) and the employee's regular rate of pay up to ninety calendar days of active military service.
For the purpose of this policy, the terms below have the following definitions
- Uniform Services
Members of the United States Army, Marine Corp., Navy, Air Force, Coast Guard, Public Health Service Commissioned Corps., or National Oceanic and Atmospheric Administration Commissioned Corps.
The Uniform Services Employment and Reemployment Rights Act is the federal law that protects service members from discrimination and provides job reinstatement rights upon completion of service.
All individuals to whom this policy applies are responsible for becoming familiar with and following this policy. University supervisors are responsible for promoting the understanding of this policy and for taking appropriate steps to help ensure compliance with it.
Employee: Employees are required to notify their supervisor as soon as possible when they are called to active duty or for other military obligations. Employees must provide a copy of their orders to their supervisor and submit a military leave request in Workday.
Supervisor: Supervisors will receive the employee's request orders and approve the military leave request in Workday.
6.0 Consequences for Violating this Policy
Failure to comply with this and related policies is subject to disciplinary action, up to and including suspension without pay, or termination of employment or association with the University, in accordance with applicable (e.g., staff, faculty, student) disciplinary procedures.
7.0 Related Information
This policy is not a legal document. This policy does not confer a term of employment, nor is the language intended to establish a contract of employment, express or implied, between any employee and Brown University. The University reserves the right to change, amend or terminate any of its human resources policies at any time for any reason.
Brown University is a community in which employees are encouraged to share workplace concerns with University leadership. Additionally, Brown’s Anonymous Reporting Hotline allows anonymous and confidential reporting on matters of concern online or by phone (877-318-9184).
The following information complements and supplements this document. The information is intended to help explain this policy and is not an all-inclusive list of policies, procedures, laws and requirements.
7.1 Related Policies:
7.2 Related Procedures:
7.3 Related Forms:
7.4 Frequently Asked Questions:
7.5 Other Related Information: