Common use of Leave of Absence for Military Service Clause in Contracts

Leave of Absence for Military Service. 1. An employee, other than a person holding a position for a fixed term or period, who enters the military service in time of war or emergency, or for any period of training, or pursuant to any selective service system, shall be entitled to a leave of absence without pay for the period of such service and three months after discharge. However, if an employee shall be incapacitated by wound or illness at the time of discharge, such leave shall be extended until three months from recovery but in no event more than two years from date of discharge. a. During such leave of absence, the employee shall continue to accrue seniority and service credit towards increments, if applicable, in his or her title. b. No entitlements under this section shall be granted if the separation from military service is by a dishonorable discharge. c. For federal reemployment rights, see 43 U.S.C. 2021. 2. An employee who is a member of the national guard or other component of the organized militia of the State of New Jersey shall be entitled to a leave of absence with pay not to exceed 90 days in the aggregate in any one year that he or she is required to engage in active duty or active duty for training. See N.J.A.C. 5A: 2-2.3(b). A leave of absence with pay shall also be granted for other military duty when ordered by the Governor in case of insurrection, breach of peace, national disaster, or imminent danger to public safety. Such leave of absence shall be in addition to the regular vacation allowed such employee. See N.J.S.A. 38A: 4-4. 3. A tenured employee or an employee on a multi-year contract who is a member of the organized reserves of the Army, Navy, Air Force, or Marine Corps of the United States or other affiliated organizations shall be entitled to a leave of absence with pay on days on which he or she is required to engage in field training. This would include only that training which consists of participation in unit training in field operations. a. A full-time employee who does not have tenure or a multi-year contract, but who has served for one year or longer, shall be entitled to a leave of absence with pay not to exceed 30 days in the aggregate in any one year while engaged in field training. A leave of absence without pay shall be granted to a full-time employee who has served for less than a year while engaged in field training. b. Such leave of absence shall be in addition to the regular vacation allowed such employee. See N.J.S.A. 38:23-1 and 38:23-1.1. 4. The College/University may reschedule an employee's work time to avoid conflict with military field training and/or required duty set forth in paragraphs 2 and 3 above. 5. An employee is entitled to a leave of absence without pay for such other National Guard, State organized militia or United States reserve duty not covered by paragraphs 2 and 3 above. a. During such leave of absence, the employee shall continue to accrue seniority and service credit towards increments, if applicable, in his or her title. b. At the discretion of the employee, vacation leave, administrative leave and other accrued compensation may be used for such absences. 6. Part-time employees, where eligible under Section C, can participate on a pro rata basis. 7. The violation of Article XXVI.C is not grievable, but may be appealed pursuant to N.J.S.A. 18A: 3B-6(f).

Leave of Absence for Military Service. 1. An employee, other than a person holding a position for a fixed term or period, who enters the military service in time of war or emergency, or for any period of training, or pursuant to any selective service system, shall be entitled to a leave of absence without pay for the period of such s uch service and three months after discharge. However, if an employee shall be incapacitated by wound or illness at the time of discharge, such leave shall be extended until three months from recovery but in no event more than two years from date of dischargedischa rge. a. During such leave of absence, the employee shall continue to accrue seniority and service credit towards increments, if applicable, in his or her title. b. No entitlements under this section shall be granted if the separation from military service is by a dishonorable discharge. c. For federal reemployment rights, see 43 U.S.C. 2021. 2. An employee who is a member of the national guard or other component of the organized militia of the State of New Jersey shall be entitled to a leave of absence with wit h pay not to exceed 90 days in the aggregate in any one year that he or she is required to engage in active duty or active duty for training. See N.J.A.C. 5A: 2-2.3(b). A leave of absence with pay shall also be granted for other military duty when ordered by the Governor in case of insurrection, breach of peace, national disaster, or imminent danger to public safety. Such leave of absence shall be in addition to the regular vacation allowed such employee. See N.J.S.A. 38A: 4-44 -4. 3. A tenured employee or an employee on a multi-year multi -year contract who is a member of the organized reserves of the Army, Navy, Air Force, or Marine Corps of the United States or other affiliated organizations shall be entitled to a leave of absence with pay on days on which he or she is required to engage in field training. This would include only that training which consists of participation in unit training in field operations. a. A full-time employee who does not have tenure or a multi-year multi -year contract, but who has served for one year or longer, shall be entitled to a leave of absence with pay not to exceed 30 days in the aggregate in any one year while engaged in field training. A leave of absence without pay shall be granted to a full-time full -time employee who has served for less than a year while engaged in field training. b. Such leave of absence shall be in addition to the regular vacation allowed such employee. See N.J.S.A. 38:23-1 38:23 -1 and 38:23-1.138:23 -1.1. 4. The College/College/ University may reschedule an employee's work time to avoid conflict with military mili tary field training and/or and/ or required duty set forth in paragraphs 2 and 3 above. 5. An employee is entitled to a leave of absence without pay for such other National Guard, State organized militia or United States reserve duty not covered by paragraphs 2 and an d 3 above. a. During such leave of absence, the employee shall continue to accrue seniority and service credit towards increments, if applicable, in his or her title. b. At the discretion of the employee, vacation leave, administrative leave and other accrued accr ued compensation may be used for such absences. 6. Part-time Part -time employees, where eligible under Section C, can participate on a pro rata basis. 7. The violation of Article XXVI.C is not grievable, but may be appealed pursuant to N.J.S.A. 18A: 3B-6(f3B -6(f).

Leave of Absence for Military Service. 1. An employee, other than a person holding a position for a fixed term or period, who enters the military service in time of war or emergency, or for any period of training, or pursuant to any selective service system, shall be entitled to a leave of absence without pay for the period of such service and three months after discharge. However, if an employee shall be incapacitated by wound or illness at the time of discharge, such leave shall be extended until three months from recovery but in no event more than two years from date of dischargeofdischarge. a. During such leave of absence, the employee shall continue to accrue seniority and service credit towards increments, if applicable, in his or her title. b. No entitlements under this section shall be granted if the separation from military service is by a dishonorable discharge. c. For federal reemployment rights, see 43 U.S.C. 2021. 2. An employee who is a member of the national guard or other component of the organized militia of the State of New Jersey shall be entitled to a leave of absence with pay not to exceed 90 days in the aggregate in any one year that he or she is required to engage in active duty or active duty for training. See N.J.A.C. 5A: 2-2.3(b). A leave of absence with pay shall also be granted for other military duty when ordered by the Governor in case of insurrection, breach of peace, national disaster, or imminent danger to public safety. Such leave of absence shall be in addition to the regular vacation allowed such employee. See N.J.S.A. 38A: 4-4. 3. A tenured employee or an employee on a multi-year contract who is a member of the organized reserves of the Army, Navy, Air Force, or Marine Corps of the United States or other affiliated organizations shall be entitled to a leave of absence with pay on days on which he or she is required to engage in field training. This would include only that training which consists of participation in unit training in field operations. a. A full-time employee who does not have tenure or a multi-year contract, but who has served for one year or longer, shall be entitled to a leave of absence with pay not to exceed 30 days in the aggregate in any one year while engaged in field training. A leave of absence without pay shall be granted to a full-time employee who has served for less than a year while engaged in field training. b. Such leave of absence shall be in addition to the regular vacation allowed such employee. See N.J.S.A. 38:23-1 and 38:23-1.1. 4. The College/University may reschedule an employee's work time to avoid conflict with military field training and/or required duty set forth in paragraphs 2 and 3 above. 5. An employee is entitled to a leave of absence without pay for such other National Guard, State organized militia or United States reserve duty not covered by paragraphs 2 and 3 above. a. During such leave of absence, the employee shall continue to accrue seniority and service credit towards increments, if applicable, in his or her title. b. At the discretion of the employee, vacation leave, administrative leave and other accrued compensation may be used for such absences. 6. Part-time employees, where eligible under Section C, can participate on a pro rata basis. 7. The violation of Article XXVI.C is not grievable, but may be appealed pursuant to N.J.S.A. 18A: 3B-6(f).