Section R477-7-10 - Military LeaveUnder Section 71A-8-102, management shall grant up to 120 hours of paid military leave each calendar year to a benefited or non-benefited employee who is a member of the National Guard or Military Reserves and is on official military orders. Military leave for part-time employees is prorated to be no more than the average hours worked in the last 12 months, or if employed less than 12 months, the average hours worked since the date of hire.
(1) An eligible employee may use any combination of military leave, accrued leave, or leave without pay under Section R477-7-13.(2) An eligible employee may only use accrued sick leave if the reason for leave meets the conditions in Section R477-7-4.(3) An employee on military leave is eligible for any service awards or non-performance administrative leave the employee would otherwise be eligible to receive.(4) An employee shall notify management of official military orders as soon as possible.(5) Upon an employee's release from official military orders under honorable conditions, management shall place the employee in a position in the following order of priority. (a) If the period of service was for less than 91 days, management shall place the employee: (i) in the same position the employee held on the date of the commencement of the service in the uniformed services; or(ii) in the same position the employee would have held if the continuous employment of the employee had not been interrupted by the service.(b) If the period of service was for more than 90 days, management shall place the employee: (i) in a position of like seniority, status, and salary, of the position the employee held on the date of the commencement of the service in the uniformed services; or(ii) in a position of like seniority, status, and salary the employee would have held if the continuous employment of the employee had not been interrupted by the service.(c) When a disability is incurred or aggravated while on official military orders, the employing agency shall adhere to the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301, et seq.(d) An employee is entitled to reemployment rights and benefits including increased pension and leave accrual to which the employee would have been entitled had the employee not been absent due to military service. An employee entering military leave may elect to have payment for annual leave deferred.(6) To be reemployed, an employee shall present evidence of military service, and:(a) for service less than 31 days, return at the beginning of the next regularly scheduled work period on the first full day after release from service unless impossible or unreasonable through no fault of the employee;(b) for service of more than 30 days but less than 181 days, submit a request for reemployment within 14 days of release from service, unless impossible or unreasonable through no fault of the employee; or(c) for service of more than 180 days, submit a request for reemployment within 90 days of release from service.Utah Admin. Code R477-7-10
Amended by Utah State Bulletin Number 2016-14, effective 7/1/2016Amended by Utah State Bulletin Number 2017-14, effective 7/1/2017Amended by Utah State Bulletin Number 2018-14, effective 7/1/2018Amended by Utah State Bulletin Number 2019-14, effective 7/1/2019Amended by Utah State Bulletin Number 2020-13, effective 7/1/2020Amended by Utah State Bulletin Number 2021-14, effective 7/1/2021Amended by Utah State Bulletin Number 2022-13, effective 7/1/2022Amended by Utah State Bulletin Number 2024-14, effective 7/3/2024