AR 7346 Employees Called to Military Duty

The following applies to any Mt. Hood Community College employee who enters the active military service of the United States of America, including active service in any uniformed auxiliary of any branch of the military service, during any period of national emergency declared by the president of the United States or during any war in which the United States of America is engaged.

Leave
Upon presentation of a copy of orders for active duty in the Armed Forces, the National Guard, or the Naval Militia, the college shall grant a military leave of absence for the period of active duty specified in the orders, but not to exceed five years for a permanent, probationary, or exempt employee, or for the remainder of a limited-term employee’s appointment or a temporary employee’s appointment.

Salary
Any college employee called to active duty who has been in the service of the college for at least one year will continue to receive their salary for the first 30 calendar days of ordered military service.  Employees who are members of the National Guard will continue to receive salary for the first 30 calendar days of active service regardless of length of service with the college.

Health Benefits
An employee on military leave for less than 31 days shall continue to receive health insurance benefits.

Employees on leave for longer than 30 days may elect to continue health care coverage for themselves and their eligible dependents for a maximum period of 18 months.

Returning veteran employees whose coverage was terminated because of military leave will not be subject to any exclusion or waiting period prior to reinstatement of health coverage.

Vacation and Sick Leave
Employees on military leave accrue any benefits the college provides to other employees, e.g., if employees on other approved leaves are permitted to accrue vacation or sick leave, employees on military leave will do so as well.

Employees on military leave shall accrue any benefits afforded by any collective bargaining agreement negotiated during their absence.

Any employee on temporary military leave for training who has worked for the college for at least one year shall continue to accrue vacation, sick leave and holiday privileges up to a maximum period of 180 days.

Reinstatement
Upon the termination of military leave after employee honorably leaves the service or is placed on inactive duty, employee shall be restored to their position without loss of seniority or other benefits.  The employee must be qualified to perform the duties of the position and make their intention of returning to their position known to their supervisor within 90 days after release from military duty or hospitalization.  In the case where they are no longer qualified to perform the duties of the positions, they must be placed in another position for which they are qualified and most closely approximates seniority, status and pay as warranted by the circumstances in the case.

Approved: 3/28/23

Notes:  

References: 38 U.S. Code Sections 4301 et seq. (Uniformed Services Employment and Reemployment Rights Act)
ORS 659A.082 to 659A.086
ORS 408.240 to 408.280