Payroll Standard Operating Procedure 13.0: Military time off, Leaves, and FMLA Processing Procedures

Subject: Military Time Off, Leaves, and FMLA Processing Procedures

Source: Financial Management Services

Original Date of Issue: November 2012

Date of Last Revision: Augut 2017

Rationale: To provide procedures for processing military time off, leaves, and FMLA processing procedures.

Procedure

Biweekly staff (BW1, BWP) report attendance on the payroll voucher and therefore must use specific codes to cover any absence. Monthly staff (S10, S12) report time off in ePTO; the earn codes used in ePTO do not drive pay. The earn codes described in this document cover four different military situations. The same codes are available for monthly exempt employees in the ePTO system.

Situation 1: Paid Leave

Related policy: Leaves for Military Duty and Leaves for Military Families

15-day paid leave

An eligible staff employee is entitled to a paid leave of absence for military service, including active duty, training duties, or reserve call-ups for which the employee has military orders. The employee will receive pay for all scheduled workdays during the service period.

This paid leave will start on the first date shown on the military order and will continue until 15 consecutive workdays have elapsed, or until the employee returns to work, whichever occurs first.

Paid leave will not exceed 15 paid days in any military year (October 1 through September 30).

Weekend training

Normally, the paid Military Leave of Absence does not apply to training drills regularly scheduled on the weekend. To receive pay for weekend drills, an employee must meet all three criteria listed below. Any such paid time will be deducted from the 15-day paid leave annual allotment in described above.

  1. The employee's regular work schedule must include Saturdays or Sundays.
  2. The employee must be scheduled to work the weekend of the training.
  3. The employee must be ordered for military training.

Earn code

MIL Military Duty 15 Day paid leave per military orders.  Limited to 15 paid days yr. (10/1 thru 9/30).  Hours reduce from reg pay and attendance accruals are earned. Hours Subtracts from reg pay BW1, BWP

Situation 2: Paid Leave is Exceeded

Related policy: Leaves for Military Duty and Leaves for Military Families

Service in excess of 15 days

If employees incur paid leave of absence for military service in excess of 15 days, they may do the following:

  1. Charge the absence to accrued time off (PTO, vacation, compensatory time, or holidays) until these categories of time off are exhausted, at which point they may take a leave of absence or separate from the university.
  2. Take a leave of absence or separate from the university.

Using accrued time off in these situations will not count against the maximum amount of PTO or vacation allowed in a year.

Earn codes

VML Vacation Military Vacation hours used during approved military leave when MIL hours are exceeded.  Hours reduce Vacation Accrued balance and accruals are earned.  Hours do not count towards annual max usage. Hours Subtracts from reg pay BW1
PML PTO - Military Duty PTO hours used during military training, etc. that exceeds 15 day annual military leave.  Hours subtract from reg, reduce PTO bank, earn attendance accruals, but do not count towards annual max usage. Hours Subtracts from reg pay BWP

No special earn codes are needed for Absent, Comp, or Holiday hours taken. Use normal ABS, CPT, or HTK earn codes.

Extended active military duty

A Military Leave of Absence without pay shall be granted to employees who hold positions that are not temporary. A temporary position is one that exists for a brief, non-recurrent period with no reasonable expectation that the employment will continue for a significant period.

If the employee explicitly states at the start of, or at any time during, the military leave that they do not intend to return to work at the university, the department may separate the employee.

To be eligible for a Military Leave of Absence, an employee must meet one of the following criteria:

  1. The employee is inducted through Selective Service.
  2. The employee enlists voluntarily.
  3. The employee is called through membership in the uniformed services.

IU’s limit on the cumulative time away from work for military service is five years. After five years, USERRA rights will no longer be retained. The five-year limit may extend to a later date when the employee is able to obtain a release from active duty.

An employee’s Military Leave of Absence covers the dates that they are actively performing service. Time between completing the uniformed service and reporting back to work or requesting to return does not count against the five year limit. The law provides for other exceptions which are to be discussed with the campus Human Resources Office if a case arises.

After the employee uses the 15 MIL days (120 hours if 100% FTE), they can use any PTO, Vacation, Comp, or Holiday hours using the codes above. The employee has the option to exhaust their benefit hours or request a Leave of Absence. The employee’s department must initiate an eDoc to initiate the employee’s Military Leave of Absence. The earn code associated with Military Leave will display on the job and payroll voucher and the employee will NOT receive payment. This code is NOT available to anyone for entry on the voucher or adjustment voucher.

Earn code

LML NO PAY - Leave - Military Absent hours during Military leave.  Hours subtract from regular hours.  Attendance accruals will not be earned for these hours.  Requires approved Military Leave documentation.  Earn code results from leave eDoc. Hours NO PAY, subtracts from reg pay

 

Reemployment provisions

Related policy: Reemployment Provisions

A staff employee who separates employment from the university due to military service or takes a military leave of absence and who later returns to a staff position has certain provisions restored, if eligible, upon reappointment.

A temporary employee who separates employment from the university due to military service or takes a military leave of absence and who later returns to a temporary position has certain provisions restored, if eligible, upon reappointment.

The table below is a summary only. See the appropriate section in the Reemployment Provisions policy to determine what provisions an employee is eligible to have restored.

Reemployment provisions at-a-glance

Type of provision restored

After a RIF

After a voluntary separation

After a medical-related separation

After a military separation or military leave of absence

 Unused sick time  Yes  No  Yes  Yes
 Unused vacation time  Yes  No  Yes  Yes
 University seniority  Yes  No  Yes  Yes
 Occupational unit seniority  Yes  No  Yes  Yes
 University Service Credit  Yes  Yes  Yes  Yes
 Retirement Plan Benefits  No  No  No  Yes
 Vacation or PTO Accrual  No  No  No  Yes

* Veterans are fully restored to the status that they would have enjoyed as an employee.

Staff and Temporary employees (excluded are positions that exist for a brief, non-recurrent period with no reasonable expectation that the employment would have continued for a significant period) who take a leave of absence or separate to enter military service are entitled to the reemployment provisions of USERRA. When an employee completes military duty and meets the conditions below, the veteran should be restored to the status that they would have enjoyed with reasonable certainty as an employee as if the leave or separation had not occurred. This includes, if applicable:

  1. Working conditions established by one’s length of university service.
  2. The position that the person would have been in had the leave or separation not occurred. This may be at the same, higher, or lower classification level and includes the completion of any evaluation period that would have expired during this time.
  3. Restoration of unused income protection time and vacation time or PTO, as applicable.
  4. The university seniority date that existed at the time of separation, if a separation occurred.
  5. The occupational unit seniority date, provided the employee is returned to the same occupational unit.
  6. University service credit plus the time away from work during the military leave of absence or separation, if a separation occurred.
  7. The salary or pay rate that the employee would have been at but for the absence for military service.
  8. IU-funded contributions that would have been allocated to the employee’s retirement plan but for the absence for military service.
  9. The time in the military service will count towards fulfilling the length of employment and hours of work requirements to be eligible for a leave under the FMLA policy.
  10. Accrual of vacation/PTO for the period in military service up to a limit of one year’s accrual per period of military service. This amount will be awarded only if the individual returns to work. The rules on the maximum usage of vacation or PTO in a year will continue to apply.

Situation 3: Military Family Leave

An employee who is a family member of a person on active duty in the United States Armed Forces is eligible for military family leave under the Indiana Military Family Leave Act. The Act provides for unpaid leave for a total of 10 workdays per calendar year during one or more of the following periods:

  1. Within the 30-day period before a family member begins active duty,
  2. During the period that a family member is on active duty, or
  3. During the 30-day period following a family member's return from active duty.
  4. The time can be taken in full in one period or split amongst the periods.
  5. An employee is eligible for such leave for each family member on active duty.

To qualify as a family member, the employee must have one of the following relationships to the person on active duty:

  1. Spouse
  2. Parent (biological, adoptive, foster, step, or court-appointed guardian or custodian)
  3. Grandparent (biological, adoptive, foster, or step)
  4. Child (biological, adopted, foster, or step)
  5. Sibling (biological, adoptive, foster, or step)

Time off for employees who are other family members is discretionary and subject to supervisory approval. Indiana University extends this benefit to a same sex domestic partner as qualified by the University’s Affidavit of Domestic Partnership.

A leave request that meets the family member and active duty criteria above must be granted unless the employee:

  1. Has not been employed for at least 12 months and worked at least 1,500 hours in the 12 months immediately preceding the day that the military family leave begins, or
  2. The employee has used all 10 workdays for that family member for the calendar year.

The Military Family Leave Act does not provide additional time off with pay. An employee must use accrued vacation or PTO to cover the leave before taking any of the time off without pay or using any other accrued time off.Vacation or PTO time used during a military family leave will not count towards annual limits on the use of such time. Time off without pay during a military family leave is an excused absence with benefit accrual and will not count in any attendance-related policies. If the employee does not have sufficient accrued vacation or PTO to cover the leave, any other accrued time off or absence without pay is to be used at the employee's choice.

Earn codes

VMF Vacation Military Family Vacation hours used during approved Military Family leave.  Hours reduce Vacation Accrued balance and accruals are earned.  Hours do not count towards annual max usage.  Limited to 10 work days per occurrence per calendar year. Hours Subtracts from reg pay BW1
PMF PTO - IN Military Family Leave PTO hours used during approved IN Military Family leave.  Hours subtract from reg, reduce PTO bank, earn attendance accruals, but do not count towards annual max usage. Hours Subtracts from reg pay BWP
CPH Comp Hours Tkn-IN Family Military Leave Comp hours used from bank to cover absences during approved IN Family Military leave.  Hours subtract from reg pay, reduce Comp Hrs bank and attendance accruals are earned. Hours Subtracts from reg pay BW1, BWP
AML NO PAY-Absent w/o Pay-IN Military Fam Lv Absent hours that will subtract from Regular hours during approved IN Military Family Leave.  Counts towards the 10 workday limit. Attendance accruals will be earned for these hours. Hours NO PAY, subtracts from reg pay BW1, BWP
SFM Sick Nonexempt-IN Military Family Sick hours used during approved IN Military leave.  Hours subtract from reg, reduce Sick bank and earn accruals. Hours Subtracts from reg pay BW1, BWP
HOM Holiday - IN Military Family Leave To cover absence during official IU holiday during approved IN Military Leave.  Hours subtract from regular hours and attendance accruals are earned. Hours Subtracts from reg pay BW1, BWP
HFM Holiday Hours Taken-IN Military Family Hours used from holiday bank to cover absences during approved IN Military leave.  Hours subtract from reg pay, reduce Holiday hrs bank and attendance accruals are earned. Hours Subtracts from reg pay BW1, BWP

Situation 4: FMLA Military Caregiver Leave

Related policy: Family and Medical Leave Act (FMLA) Rights

Military Caregiver Leave is FMLA leave used to care for a covered service member who has suffered serious injury or illness in the line of covered active duty.

Covered Service Member

The term ‘covered service member’ refers to service members who deployed to a foreign country while on active duty. Specifically, a covered service member is a current member of the Armed Forces, National Guard or Reserves who:

  • Is undergoing medical treatment, recuperation, or therapy;
  • Is in outpatient status; or
  • Is otherwise on the temporary disabled list for a serious injury or illness.

Covered service members also include veterans undergoing treatment, recuperation, or therapy for a serious injury or illness, provided that they were a member of the Armed Forces, National Guard, or Reserves during a period of five years preceding the date on which the medical treatment, recuperation, or therapy occurs.

Serious Injury or Illness

For members of the Armed Forces, National Guard, or Reserves, a serious illness or injury is any injury or illness that was incurred in line of duty on active duty in the Armed Forces (or existed before the beginning of active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.

For veterans who were a member of the Armed Forces, National Guard, or Reserves at any time during a five years period preceding the date on which the medical treatment, recuperation, or therapy occurs, a the Secretary of Labor defines a serious illness or injury is any injury or illness that was incurred in line of duty on active duty in the Armed Forces (or existed before the beginning of active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.

Leave Time

An employee who has a qualified family relationship with a covered service member may take up to 26 weeks of leave during a single 12-month period. A qualified family relationship is a spouse, domestic partner, parent, child, or next of kin. Contact the campus human resources office to determine if a qualified family relationship exists.

This leave entitlement applies on a per-covered service member, per-injury basis, such that an eligible employee may be entitled to take more than one leave if the leaves are used to care for different covered service members or to care for the same covered service member with a subsequent serious illness or injury.

An employee may have an FMLA leave for up to 12 weeks for one of the qualifying reasons covered above in the same 12-month period in which an FMLA leave is taken to care for a covered service member. No more than 26 weeks total of FMLA leave may be taken within any single 12-month period.

Earn codes

VMC Vacation-FMLA-Military Caregiver Vacation hours used during approved FMLA Military Caregiver leave.  Hours reduce Vacation Accrued balance and accruals are earned.  Hours do not count towards annual max usage. Hours Subtracts from reg pay BW1
PFC PTO - FMLA - Military Caregiver PTO hours used during approved FMLA Military Caregiver leave.  Hours subtract from reg, reduce PTO bank, earn attendance accruals, but do not count towards annual max usage. Hours Subtracts from reg pay BWP
CPM Comp Hours Taken-FMLA-Military Caregiver Comp hours used from bank to cover absences during approved FMLA Military Caregiver leave.  Hours subtract from reg pay, reduce Comp Hrs bank and attendance accruals are earned. Hours Subtracts from reg pay BW1, BWP
HFC Holiday Hours Taken - FMLA Military Caregiver Hours used from holiday bank to cover absences during approved FMLA Military Caregiver leave.  Hours subtract from reg pay, reduce Holiday hrs bank and attendance accruals are earned. Hours Subtracts from reg pay BW1, BWP
HOC Holiday FMLA - Military Caregiver To cover holiday absence during approved FMLA Military Caregiver leave.  Hours subtract from regular hours and attendance accruals are earned.  Hours Subtracts from reg pay BW1, BWP
SFC Sick Nonexempt - FMLA - Military Caregiver Sick hours used during approved FMLA Military Caregiver leave.  Hours subtract from reg, reduce Sick bank and earn accruals. Hours Subtracts from reg pay BW1, BWP
HNC Honorary Vacation - FMLA Military Caregiver Hours used from honorary vac bank to cover approved FMLA Military Caregiver leave.  Hours subtract from reg, reduce honorary vac bank and attendance accruals are earned. Hours Subtracts from reg pay BWP
AMC NO PAY-Absent-FMLA-Military Caregiver Absent hours that will subtract from Regular hours during approved FMLA Military Caregiver period.  To be used after employee exceeds leave balances. Counts towards 26 week limit.  Attendance accruals will not be earned for these hours. Hours NO PAY, subtracts from reg pay BW1, BWP

Cross Reference:

Responsible Organization: Financial Management Services