Military Leave for Active Duty Policy
The following policy regarding call up for active military duty went into effect on October 25, 2001, and has been extended at intervals since. Hereafter, the policy and its extension is subject to annual review on or before Dec. 31 of each calendar year. This policy on active military duty applies to all regular employees in codes 100, 104, 106 and 107.
(Note: specific policies regarding annual reserve military duty of 2 weeks each year remain in effect and can be found in the applicable policy or collective bargaining agreements for the above noted employee groups.)
All regular employees who are called up to active military service will be paid
- full NYU base pay for the first two (2) weeks of active duty
- the difference between NYU base pay and military pay for the next fifty (50) weeks of active duty.
The school/division in which the employee works is responsible for the pay differential for the first six months of active military duty. Effective May 1, 2004, pay differentials beyond the first six (6) months will be funded by the University.
An employee must give the supervisor or HR Officer a copy of the active duty call up, establishing the start date of service. In order to determine if there is any differential to be paid by the University after the first two (2) weeks of full pay, the employee must also submit a military pay stub. Military pay for purposes of establishing a differential consists of base pay plus all additional pay except amounts that are classified as reimbursement for extra expenses incurred by the reservist, such as travel, housing.
The HR Officer should consult with the Payroll Office to determine the differential due. The employee should be placed on a paid leave of absence for the first two (2) weeks and then placed on an unpaid leave for the remaining period of active military leave. Partial pay during military leave will be made by Payroll through special checks once the Office of Employee Relations has approved the amount.
Except for the pay differential, an employee on military leave shall have the same rights and benefits entitlements as an employee on an unpaid leave of absence from the University.
Benefits remain in effect as they would on an unpaid leave of absence. Any benefits contributions required of the employee will be deducted from differential pay. Vacation/sick time accrual is in accordance with Leave of Absence policy or the applicable collective bargaining agreement.
Return from active military service
An employee returning from military service has all the rights to reemployment and certain seniority entitlements, as provided for under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The employee must report back to work following discharge within the time limits under USERRA and generally must return within five (5) years to have reemployment rights.
Supervisors and HR Officers with a returning employee should contact Employee Relations at once to discuss rights under USERRA.