Cal Poly Pomona provides Military Leave in accordance with CSU Policy and federal and state laws.
Eligibility for Military Leave:
Cal Poly Pomona employees are entitled to a military leave pursuant to the provisions below.
- Emergency Leave: A National Guard member ordered to active duty during a proclaimed state or national emergency is entitled to military leave for the duration of the emergency including going to and returning from such duty (M&V 395.05).
- Temporary Leave: A reservist or National Guard member or member of the Naval Militia ordered to temporary active military training, inactive duty training, encampment, naval cruises, special exercises or like activity, is entitled to military leave for the duration of ordered duty up to 180 calendar days, including time involved in going to and returning from that duty (M&V 395(a)).
- Indefinite Leave: Indefinite military leave may be granted whenever the United States is engaged in war or whenever the Governor finds and proclaims that an emergency exists in preparing for the national defense. Leave is granted to any who enter the armed forces of the United States for the duration of the war or until the emergency no longer exists, in addition to 90 days thereafter (M&V 395.4).
Eligibility for CSU/Cal Poly Pomona Pay:
Employees ordered to the following types of military leave are eligible for CSU/Cal Poly Pomona pay:
- Emergency Leave: An employee who is a member of the National Guard ordered to active duty during a proclaimed state or national emergency is entitled to receive normal salary for up to 30 calendar days for each proclamation of emergency that may be issued. There is no state service requirement in order to receive CSU pay while on emergency military leave, but the leave may not exceed the duration of the emergency (M&V 395.05). An employee is entitled to payment for each emergency regardless of the number of emergencies declared (83 Ops. Cal. Atty. Gen. 148 (2000)).
- Temporary Leave: If an employee ordered for active military training, inactive duty training, encampment, naval exercises, special exercises, or the like, has at least one year of state service immediately prior to the date on which the leave begins, he/she is entitled to receive normal salary for up to 30 calendar days. Pay for temporary military leave may not exceed a total of 30 calendar days in any one fiscal year (M&V 395.01(a)).
- Indefinite Leave: If an employee who is inducted, enlists, or is ordered into active military duty has at least one year of state service immediately prior to the date on which the leave begins, he/she is entitled to receive normal salary for up to 30 calendar days. Pay for indefinite military leave may not exceed a total of 30 calendar days in any one fiscal year (M&V 395.02).
Eligibility for reinstatement Rights:
- Emergency Military Leave: Following this type of leave, the employee has the right to return to the position held at the time the leave began without loss or diminution of vacation or holiday privilege or promotion (M&V 395.05).
- Temporary Military Leave: Following this type of leave, the employee has the right to return to the position held at the time the leave was granted. If the position no longer exists, the employee must be reinstated to a position of comparable seniority, status and pay. If such a position does not exist, the employee shall have the same rights and privileges that he/she would have had if he/she occupied the position when it ceased to exist (M&V 395(c)).
- Indefinite Military Leave: Following this type of leave, the employee has the right to return to his/her position within six months of termination (under conditions other than dishonorable) of active service with the armed forces. However, the employee is not entitled to sick leave or vacation during the period of the leave. Termination of active service must not be later than six months following the end of the war or national emergency. Further, the right to return expires if the employee fails to return within 12 months after the first date upon which he/she could terminate his or her active military service. If drafted, however, the employee may volunatrily complete the period of duty without penalty. The employee also may return during terminal leave from the armed forces and prior to discharge, separation, or release therefrom. An employee whose positionn has ceased to exist during the leave must be reinstated in a comparable position of one exists, or in a comparable vacancy for which the employee is qualified (M&V 395.1).
- Resignation: Following resignation to serve in the armed forces, employees have the right to return to employment prior to the date their CSU employment would have ended had they not resigned. They must notify the campus President in writing of their intention to return within six months of the termination of active service, and they must return within 12 months after the first date they could have terminated their active service (M&V 395.3).
It is CSU policy that the employee shall use his/her best efforts to arrange military leave at a time that is mutally agreeable to the employee and his/her department. For the purposes of meeting the one-year state service requirements for temporary or indefinite military leave, prior recognized military service is counted as state service.
It should be noted that CSU policy is intended to provide military leave provisions consistent with applicable state and federal statutes. If there is a conflict between CSU policy and applicable state and/or federal law, CSU policy is superseded.
Additional information regarding CSU Military Leave Policy is available at: http://www.calstate.edu/HRAdm/Policies/military_leave.shtml