Duration of Leave
The County will grant military leave up to five (5) years cumulatively, unless covered under special provisions of USERRA. This includes any and all periods of employment with the County. A break in service does not create a new five (5) year leave entitlement. No military leave extensions will be granted. A leave of absence request will be considered on a case by case basis.
Notice to County
The employee must provide advance notice to the County that he/she is leaving work for service in the uniformed services, unless such notice was precluded by military necessity or otherwise impossible or unreasonable. If orders are received verbally, the employee must subsequently provide written verification in accordance with USERRA provisions.
Seniority
For seniority purposes, a returning veteran is entitled to the seniority and all rights, entitlements and benefits based on seniority that he/she would have attained had he/she remained continuously employed.
Annual Salary Adjustments
While on military leave, the employee will continue to receive annual salary adjustments.
Job Actions
Job actions affecting similarly situated employees, i.e. effects of class studies, layoffs, reorganizations, furloughs, etc., will also apply to an employee on military duty.
Vacation Accural Rate
Military leave will count as time served with the County for purposes of vacation accrual rates upon return to County employment.
Health Payment
The maximum period of coverage for an employee and the employee's dependents, after the employer contribution ceases, shall be the lesser of:
- The 24-month period beginning on the date on which the employee's absence begins; or
- The day after the date on which the person fails to apply for or return to a position of employment.
A person who elects to continue health plan coverage may be required to pay not more than 102 percent of the full premium.
Retirement Contributions
In the first 30 calendar days of military leave, the County’s and employee’s retirement contributions will continue.
After 30 calendar days, the County’s and employee’s retirement contributions will discontinue.
Once the employee returns to work, the County’s and employee’s retirement contributions will resume.
To receive credit for hours lost during supplemental military leave, the employee should contact Sacramento County Employees’ Retirement System (SCERS) directly. SCERS will determine the number of hours that will be credited for his/her military leave once the employee has submitted a copy of his/her DD214 or military orders indicating when his/her duty began and ended.
Return to Work Guidelines
Supervisors must inform the department’s payroll representative as soon as a date of return is established with the employee.
If service is less than 31 calendar days, the employee must report to work by the beginning of his/her regularly scheduled work period on the first full calendar day that begins at least eight (8) hours after the individual’s return home.
Example: An employer cannot require a service member who returns home at 10:00 p.m. to return to work at 12:30 a.m. that night. However, the employer can require the employee to report for the 6:00 a.m. shift the next morning. If reporting back within this deadline is "impossible or unreasonable" through no fault of the employee, he/she must report back as soon as possible after the expiration of the 8-hour period.
After a period of military service of 31-180 consecutive calendar days, the employee must submit a written or verbal request for return to work with the employer no later than 14 days after the completion of the period of service. If submitting the request within 14 days is impossible or unreasonable, through no fault of the employee, he or she must submit the request as soon as possible thereafter.
After a period of military service of 181 consecutive calendar days or more, the employee must submit a request, verbal or written, for return to work no later than 90 days after the completion of the period of service.
These deadlines to report to work or request reemployment can be extended up to two years to accommodate a period during which a person was hospitalized for, or convalescing from, an injury or illness that occurred or was aggravated during a period of military service. In either case, the employee does not automatically forfeit the right to reemployment, but will be subject to the conduct rules, established policy, and general practices of the County pertaining to explanations and discipline with respect to absence from scheduled work.
This provision specifically provides that no other person shall acquire civil service status in the same position so as to deprive the employee of his/her right to restoration, unless:
- It is impossible or unreasonable due to the employer’s changed circumstances (i.e., reduction-in-force);
- Through participation in the ADA interactive process, it is determined that the employee has a disability which prevents the employee from performing the essential functions of the job, with or without a reasonable accommodation; or
- The employee is separated from military service by a disqualifying discharge or under other than honorable conditions.
The employee will continue to have the right to be restored to the same status that he/she held prior to the commencement of his/her military leave. An employee who resigns County service to serve in the military will retain his/her right to a comparable position.
Time Keeping/Pay
First 30 Calendar Days
The employee's normal work schedule, excluding overtime, is entered on the time sheet as absence code "Z600".
Along with salary continuation, pay differentials and incentives the employee would normally have received will continue to be paid, e.g., night shift differential, education or special skills incentive.
The paid military leave days are counted as follows:
The beginning of the thirty (30) calendar days starts on the first day of the military duty (whether voluntary or involuntary) unless qualifying travel time is required for travel to the duty assignment. Thirty (30) calendar days is calculated based on the number of working hours the employee would ordinarily have worked during the thirty (30) calendar days.
Example: If an employee normally works 40 hours each week, the thirty (30) calendar days period would consist of 21.5 working days or 172 working hours, and hence 172 hours of paid military leave.
If military service is for less than 30 calendar days, then military leave pay would cease at the end of the military duty assignment, unless there is additional qualifying travel time.
If the full thirty (30) calendar days of military leave pay is not used consecutively, the employee is entitled to receive compensation for the remaining balance on subsequent voluntary or involuntary military duty assignments.
Once the employee has exhausted paid military leave pay, if the employee remains on continuous military duty he/she is eligible for supplemental pay for the remainder of his/her military duty, not to exceed a period of five (5) cumulative years.
After 30 Calendar Days
For employees on military leave who earn less than his/her County pay, military time off shall be entered on the time sheet as absence code “Z620”.
For employees on military leave who earn more than his/her County pay, military time off shall be entered on the timesheet will be coded as absence code “Z610”.
In order for an employee on military leave to receive pay after thirty (30) calendar days, the employee must remit to the County the most recent pay stub from the military. This military pay stub will be used by the County to calculate the amount to be paid to the employee.
During this period, an employee shall receive the difference between the amount of the employee’s full military pay and the employee’s full County salary, excluding any timesheet recorded differentials which the employee might otherwise receive as a County employee. Such supplemental pay shall only apply if the employee’s base salary is higher than the employee’s military pay. The employee’s full military pay shall be deemed to be that amount on the employee’s leave and earning statement, excluding food, housing, dependent and travel allowances, and any special pay. During this period, the employee shall also be entitled to accrue sick leave at normally applicable rates of accrual.
If the employee has been discharged from military service and has returned to County service, the employee will receive his/her normal pay and benefits.
Use of Balances
An employee may elect to use existing vacation, compensating time off (CTO) and holiday in lieu (HIL) leave balances after the initial thirty (30) calendar day paid military leave period is exhausted. If continuous military duty exceeds one hundred eighty (180) calendar days, the employee, at his/her election can be paid the lump sum value of his or her accrued vacation, CTO, and HIL leave balances. In the absence of such election, the employee’s accruals shall remain available for the employee’s use upon return to County employment.
County Paid Parental Leave
A regular employee who meets the requirements for the County’s parental leave benefit and who was unable to take his/her time off within the six (6) months following the birth or intent to adopt his/her child due to military service will be eligible to take the parental leave upon his/her return from military duty.
Travel Time
An employee’s period of military service will commence upon reporting to the military unit for service. If the employee is required to travel fifty (50) miles or more to the military unit, then the required travel time can be included in the period of qualifying military duty. See Sacramento County Travel Policy for details governing the application of travel time.
Leave for Spouses/Registered Comestic Partners
The California Family Military Leave Act provides up to ten (10) working days of unpaid leave to employees who have spouses in the military when the spouse is on leave from deployment during a military conflict.
To be eligible for the leave, a County employee must:
- Work an average of twenty (20) or more hours per week;
- Provide notice within two (2) business days of receiving notice that the qualified member (employee’s spouse or registered domestic partner) will be on leave from deployment; and
- Submit written documentation certifying that his/her spouse will be on leave from deployment.
An employee may request to utilize available vacation, HIL or CTO balances when taking military leave for spouses.
Coordination wiht FMLA Military Leave
Each FMLA case involving the overlap or coordination with military leave will be dealt with on a case by case basis by the appropriate Leave Coordinator servicing that employee’s department. See County’s FMLA policy for additional information.
Additional Information
For additional information, contact your Human Resources Service Team representative.