The following policy will be used for Medical College employees who are activated into military service. (See subsection Military Reserve Training below for the policy on military reserve training.) While applicable laws are explained briefly below, the actual statutes and regulations should be consulted for detailed information. Assistance and additional information also may be obtained from other offices.
Employment Status
All salaried academic staff members called to active duty will be placed on a military leave of absence. To effectuate this leave of absence, a Request for Military Leave of Absence form should be completed and submitted to the employee's supervisor with the following information:
- The initial date of active duty.
- The last day of work prior to departure for active duty.
- The anticipated date of return to work, if known.
A copy of the academic staff member's military orders should be submitted along with a completed Request for Military Leave of Absence form to the academic staff member's chair for forwarding to the Human Resources Department for processing.
When the request form is processed, the academic staff member will be placed on an indefinite military leave of absence, not to exceed the time limits provided for in applicable military leave statutes.
For those in probationary tenure status, an open-ended military leave can stop the tenure clock; the department chair and the Dean, in consultation with the candidate, should formally request revision of the tenure review timetable on a case-by-case basis.
Military Leave Time
An academic staff member on a military leave of absence will receive one month of regular pay. Following the paid portion of the leave, the military leave of absence will be without pay. Academic staff members may wish to extend the paid portion of the military leave by using any accrued vacation as described in section IV-I below.
Return-to-Work Rights
An academic staff member returning from an approved military leave of absence will be returned to work in accordance with the Veteran's Reemployment Rights Act, Chapter 43, U. S. Code Title 38 and the Uniformed Service Employment and Reemployment Rights Act (USERRA) of 1994. Generally, under these statutes, application for reemployment must be made in a timely manner following the date of (i) release from active duty or separation from service, or (ii) release from hospitalization or convalescent care due to service-related injuries (provided the recovery period does not exceed two years). The time period in which a person must make application or report for reemployment is tied to the length of intervening uniformed service as follows:
A. uniformed service of less than 31 days - application must be made not later than the beginning of the first full regular scheduled work period of service that starts at least eight hours after the person has been transported home from the place of uniformed service;
B. uniformed service of more than 30 days but less than 181 days - application must me made not later than 14 days after completion of uniformed service; or
C. uniformed service of more than 180 days - application must be made not later than 90 days after the completion of uniformed service.
If the above deadlines are impossible or unreasonable for the person to meet through no fault of his/her own, the application must be submitted on the next calendar day when submission is possible.
In all cases, the returning academic staff member must at the time of reemployment be qualified for the position held prior to the military leave of absence or meet such qualifications following refresher training by the Medical College to upgrade the person's skills.
The returning academic staff member will be reinstated in all benefits programs in which he/she participated prior to leave. In addition, the person will be entitled to participate in any benefits programs for which he/she would have become eligible had military leave not occurred. Calculations of length of medical college service used in benefits plans to determine eligibility or level of benefits will include periods of uniformed service.
Benefits For Activated Employees and Dependents
Health and Dental Care
According to current information provided by the Federal Government, an academic staff member ordered to active duty for more than 30 days is automatically covered by the military health and dental plan immediately upon reporting to duty. Dependents may also be enrolled in a health plan (CHAMPUS) if the academic staff member is called for more than 30 days. Dental insurance is not available for dependents under the CHAMPUS plan. The terms and coverages of the military health and dental plan are determined by the Federal Government and may be subject to change. The exact terms of coverage should be verified with the appropriate military officials.
Academic staff members on active duty can continue coverage under the Medical College group health and dental plans for up to a maximum of 18 months beginning on the day uniformed service commenced. Dependents, if any, can also continue coverage under the Medical College group health and dental plans if they remain otherwise eligible. Premiums for employee and dependent coverage will be the same as that required of active employees.
Flex Benefits
Once unpaid military leave begins, participation in the Flexible Benefits Plan terminates until the academic staff member returns to work. Claims for dependent care coverage and health care coverage may be submitted on any unused balance in the academic staff member's flex benefits account if incurred prior to the expiration of the paid portion of the military leave. All such claims may be submitted through June 30 of the following year.
Life Insurance
Basic life insurance coverage will continue until the end of the twelfth month after unpaid portion of the military leave begins.
Participants in the supplemental life insurance plan may continue their coverage for up to 12 months after unpaid military leave begins by paying the required premiums. Should the participant remain on unpaid military leave for longer than 12 months, he or she may be eligible to convert this coverage. Information on this conversion will be provided at that time.
The current provisions of the life insurance policy may, under circumstances described in the policy, cover war-related fatalities.
Accidental Death & Dismemberment Insurance
An academic staff member may elect to continue accidental death and dismemberment coverage by paying the full premium for up to 12 months while on unpaid military leave. Academic staff members should be advised, however, that this policy will not pay benefits for any injury or death that results from a military conflict.
Disability Programs
Coverage under the long-term disability plans and Salary Continuation policy would only apply in the event of a disability after being called, but before reporting for duty. New York State law provides that short-term disability coverage will extend for 31 days after the leave begins and before active duty commences.
While on active duty, long-term disability coverage from the Medical College ceases. Conversion privileges exist under this plan, but it should be noted that a disability caused by war or an act of war is not covered under the policy.
Workers' Compensation ceases while the person is no longer actively working.
Cornell Children's Tuition Scholarship (CTS)
CTS eligibility attained by an academic staff member before the military leave of absence began will continue during the leave period and will remain in effect so long as the eligible student remains in compliance with the plan's rules and regulations.
Subject to approvals of the Medical College Plan Administration Committee, the Board of Overseers and Cornell Trustees, the time of an academic staff member's military leave will be counted toward length of service eligibility for participation in the CTS plan. Thus, an academic staff member who did not attain eligibility prior to military leave may become eligible during the leave so that CTS benefits are available to his or her children.
Employee Assistance Program (EAP)
The family of an academic staff member on military leave may continue to use the employee assistance program while the academic staff member remains on military leave.
Payroll Deductions
Any payroll deductions such as supplemental life insurance, long-term disability, automobile insurance, etc., will cease with the last paycheck received.
Unused Vacation
An academic staff member may elect to be paid any accrued but unused vacation time either in a lump sum or on a biweekly basis. In addition, an election may be made to extend the paid portion of military leave by using accrued vacation time. A third alternative available is an election to save unused vacation time until the academic staff member returns to work from military leave. If this latter alternative is elected, the unused vacation time will be reinstated to the academic staff member upon return from a military leave of absence. (See Benefits, Vacation.)
Retirement Plan Participation for Academic Staff Members
No retirement contributions will be made while an individual is on an unpaid military leave of absence. Contributions will resume when the academic staff member returns to work and is back on regular payroll. Contributions will also be made following the employee’s return to work for the period in which the military leave occurred. Retroactive contributions will be based on the rate of base pay the employee would have earned but for the military service. Interest and dividends will not be credited to such contributions on a retroactive basis.
Retroactive Employee Contributions to the Tax-Deferred Annuity Plan
Employees returning from military leave may make retroactive contributions to the Tax Deferred Annuity Plan for the period they were on leave. The make-up contributions must be made during a period which is the lesser of three times the period of military leave or five years. Upon request, the Benefits Office will calculate the amount of retroactive contributions which the employee will be able to make.
Filling Vacancies Created by Academic Staff Members Called to Duty
A department may fill a position vacated by an academic staff member on a military leave of absence. Such a position may be filled with either regular or temporary employees, with the understanding that the academic staff member on military leave will have reemployment rights in accordance with the Veteran's Reemployment Rights Act.
An offer letter to an individual hired to fill a vacancy created by someone on military leave should include a provision informing the newly hired employee that the position was vacated by an academic staff member on a military leave of absence and that this position may be refilled by the academic staff member on military leave when he or she returns to work. Assistance in drafting such a letter may be obtained from the Office of Faculty Affairs.
Return-to-Work Procedures
An academic staff member returning from military leave should first contact the chair of the department to which he or she is returning.
Military Reserve Training
A salaried full-time or part-time academic staff member who is required to participate in two weeks annual training as part of a military reserve program will be paid the difference between regular base salary and the pay received for the reserve training. Time off for such training is not considered vacation time.