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I. Purpose And Scope
This policy describes federal and state laws, and county practices regarding military leaves of. This policy applies to all eligible employees.
II. Authority
This policy is established by the County Administrator's administrative rule-making authority pursuant to County Code 2.09.060.E.
III. Policy
The County provides military leave and reinstatement rights to employees in compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Oregon Revised Statutes. These laws establish the rights and responsibilities for persons in active branches of the Armed Services, National Guard, and Reserves, who, voluntarily or involuntarily, take a leave of absence for military service or training.
IV. Definitions
Uniformed Services: The Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service, the commissioned officer corps of the National Oceanic and Atmospheric Administration, System members of the National Urban Search and Rescue Response System during a period of appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, intermittent personnel who are appointed into Federal Emergency Management Agency service under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1)) or to train for such service, and any other category of persons designated by the President in time of war or national emergency. 38 U.S.C.A. § 4303.
Service in the Uniformed Services: The performance of duty on a voluntary or involuntary basis in one of the Uniformed Services, including:
- Active duty and active duty for training
- Initial active duty for training
- Inactive duty training
- Full-time National Guard duty
- Absence from work for an examination to determine a person's fitness forany of the above types of duty
- Funeral honors duty performed by National Guard or Reserve members
- Duty performed by intermittent employees of the National Disaster Medical System (NDMS), which is part of the Department of Health and Human Administrative Policy Operational Policy Services, when activated for a public health emergency, and approved training to prepare for such service.
- Any other service set forth in 38 U.S.C.A. § 4303(13).
Decompression time: The applicable period after military service during which the employee is entitled to request reemployment under USERRA.
Escalator principle: Requires each returning military service member be reemployed in the position the person would have occupied with reasonable certainty if the person had remained continuously employed, with full seniority. The position may not necessarily be the same job the person previously held. For example, if the person would have been promoted with reasonable certainty had the person not been absent, the person would be entitled to that promotion upon reinstatement. On the other hand, depending on the economic circumstances, reorganizations, layoffs, etc., the position could be at a lower level than the one previously held, it could be a different job, or it could conceivably be in layoff status. In other words, the escalator can move up or down.
Military necessity: A mission, operation, exercise or requirement that is classified, or a pending or ongoing mission, operation, exercise or requirement that may be compromised or otherwise adversely affected by public knowledge.
Veteran: A person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable.
V. Policy Guidelines
Veterans Day Leave
Veterans, as defined in ORS 408.225, may be entitled to time off for Veterans Day. Veterans Day (November 11th) is a paid County holiday. However, due to the nature of some work not all County departments are able to close on County holidays. For employees who work in those departments, are Veterans, and wish to take Veterans Day off, the employee shall request the leave through their supervisor.
To be eligible an employee must:
- Be otherwise required to work on that day;
- Provide the County with at least 21 calendar days' notice that the employee intends to take time off for Veterans Day; and
- Provide their supervisor with documents to show that the employee is a veteran as it is defined in ORS 408.225.
If the County determines that providing time off on Veterans Day would cause the County significant economic or operational disruption or undue hardship, the request for leave may be denied.
Federal and State Military Leave
Federal and state law provide reemployment rights, protection from discrimination or retaliation against individuals based upon a service obligation, military status or the taking of military leave, and health insurance protection during military leave. The policy notes where state law differs from federal law.
State Military Leave
Annual Active Duty or Training Leave with Pay under ORS 408.290
- Eligible employees called to annual active duty for training or active duty in lieu of training shall be granted military training leave with pay for all regular workdays that fall within a period not to exceed 21 work days in any federal training year (October 1
through September 30).
To be eligible for annual active duty for training leave with pay under ORS 408.290,
an employee must:- Have been employed with Clackamas County for six months or more immediately preceding the need for military leave.
- Be a member of the: National Guard, National Guard Reserve, a reserve component of the Armed Forces of the United States, the U.S. Public Health
Service or another category as designated by the President of the United States in a time of war or national emergency. - Provide advance written or verbal notice of the absence except in instances involving "military necessity" or where giving notice is otherwise impossible or unreasonable.
- Employees shall be allowed to use paid military leave for travel to and from their place of duty and for the time spent on militarily obligated status or military duty regardless of the length of their military status or duty.
- An employee's insurance benefits will not be interrupted during, or due to, annual training leave.
Any employee who has been employed by the County for six (6) months preceding notification of military leave is entitled to a leave of absence with pay and benefits " for up to 21 work days in any one training year." "(ORS 408.290).
Such leave may be taken consecutively or intermittently throughout the year. These leaves of absence with pay are generally used for annual duty and training associated with State National Guard or reserve units of the United States Military. An employee must show proof of military service to have time credited towards leave of absence with pay. If the employee does not show proof of military service either in advance or upon return to work, time away from work may be credited towards vacation or leave without pay, employee's choice.
Employees should refer to the section of their union contract regarding military leaves, for specific language that may add to this policy.
Service Accruals During Military Leave
All military leave must be reported to your supervisor. All time spent on military leave counts towards continuous employment with the County. Military leave outside the annual entitlement for paid leave is considered unpaid leave and therefore employees do not receive regular pay, or additional payments, such as longevity or incentive pay. Except as provided under applicable law
