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:
None
PSOP NO: 13.0
RATIONALE: To provide procedures for processing military time off, leaves, and FMLA processing procedures
PSOP: Biweekly staff (BW1, BWP) report attendance on the payroll voucher and must have specific codes to cover any absence. Monthly staff (S10,S12) report time off in ePTO and the earn codes do not drive pay. We have created the earn codes below to cover the different Military Situations. The same codes are available for monthly exempt employees in the ePTO system. I have only selected partial sections of the policy needed for reporting. Additional UHRS Military Leave informationhttp://policies.iu.edu/policies/categories/human-resources/time-off/military.shtml

Situation 1, Paid Leave:
  1. 15-day paid leave
    1. An eligible staff employee is entitled to a paid leave of absence for military service. The employee receives pay for all scheduled workdays during the service period.
      1. 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.
      2. Paid leave will not exceed 15 paid days in any military year (October 1 through September 30).
    2. An employee is entitled to this 15-day paid leave for active duty, training duties, or reserve call-ups for which the employee has military orders.
  2. Weekend training 
    1. 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 paragraph 1.a.ii 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.

      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, After Paid Leave Exceeded:

  1. Service in excess of 15 days
    1. If an employee incurs absences for more than 15 days service, he or she 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. When the employee has used all of these categories of accrued time off, he or she is to go on a leave of absence or separate.
      2. Go on a leave of absence or separate.
    2. Using accrued time off will not count against the maximum amount of PTO or vacation allowed in a year.

    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 codes needed for Absent, Sick, Comp or Holiday hours taken, use normal ABS, SCK, CPT or HTK earn codes.
  2. Extended active military duty
    1. A military leave of absence without pay shall be granted for an employee in a position other than one that is temporary. The regulations define temporary positions as those that exist for a brief, non-recurrent period with no reasonable expectation that the employment would have continued for a significant period.
    2. To be eligible, 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.
    3. The limit on the cumulative time away from work at the university for military service and still retain the USERRA rights is five years.
    4. The military leave of absence covers the dates that the employee is actively performing service. The five-year limit may also extend to a later date when the employee is able to obtain a release from active duty. 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 Vacation, Sick, Comp or Holiday hours using the codes above. The employee has the option to exhaust their benefit hours or request to Leave of Absence. The department must initiate an eDoc to put the employee on 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.

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: http://www.indiana.edu/~uhrs/policies/uwide/reemployment_provisions.html

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

The table below is a summary only. See the appropriate section in this policy to determine whether an employee is eligible 

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 he or she would have enjoyed as an employee.

Staff and Hourly employees other than those in temporary positions (defined in the regulations as 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 is to be restored to the status that he or she 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:

  1. Leaves for Military Families
    1. 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, www.in.gov/legislative/ic/code/title22/ar2/ch13.html.
    2. 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.
    3. 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)
    4. Time off for employees who are other family members is discretionary and subject to supervisory approval.
    5. Indiana University extends this benefit to a same sex domestic partner as qualified by the University’s Affidavit of Domestic Partnership.
    6. 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.
    7. The Military Family Leave Act does not provide additional time off with pay. A Staff 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.
      1. Vacation or PTO time used during a military family leave will not count towards annual limits on the use of such time.
      2. 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.
      3. 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.

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: http://policies.iu.edu/policies/categories/human-resources/time-off/military.shtml

  1. Military caregiver leave
    1. Military Caregiver Leave is FMLA leave to care for a covered service member who has suffered serious injury or illness in the line of covered active duty. The term covered active duty means duty during deployment to a foreign country.
    2. A covered service member means a current member of the Armed Forces, National Guard or Reserves who is undergoing medical treatment, recuperation, therapy, is in outpatient status, or is otherwise on the temporary disabled list for a serious injury or illness or is a veteran undergoing treatment, recuperation, or therapy for a serious injury or illness and who was a member of the Armed Forces, National Guard, or Reserves, at any time during a period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.
    3. For purposes of this section, the term ‘serious injury or illness’ means:
      1. In the case of a member of the Armed Forces, National Guard, or Reserves, an 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; and
      2. In the case of a veteran who was a member of the Armed Forces, National Guard, or Reserves at any time during a period described in paragraph P.2. above, a qualifying (as defined by the Secretary of Labor) 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.
    4. 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.
      1. The leave entitlement described in this paragraph 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 leave is to care for a different covered service member or to care for the same covered service member with a subsequent serious illness or injury.
      2. An employee may have an FMLA leave for up to 12 weeks for one of the qualifying reasons covered in paragraph D. above in the same 12-month period in which an FMLA leave is taken to care for a covered service member.
      3. No more than 26 weeks total of FMLA leave may be taken within any single 12-month period.

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 
Tkn-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 Caregvr

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:
See Policy Leaves for Military Duty and Leaves for Military Families: http://policies.iu.edu/policies/categories/human-resources/time-off/military.shtml
RESPONSIBLE
ORGANIZATION:
Financial Management Services