Military Absences
Eligibility
You are eligible for a military leave of absence if:
- You are a full-time faculty or staff member who has completed one day of employment with the University immediately preceding the effective date of the requested military leave, and
- You have been ordered to report to active duty (e.g., deployment, field training, etc.)
Pay While Absent
Paid Time Off
If you are a member of the Pennsylvania National Guard or any reserve component of the United States Army, Navy, Marine Corps, Air Force, or Coast Guard you will be paid for up to fifteen workdays per calendar year while you are engaged in the active service of the United States, including field training.
Time off Without Pay
A leave of absence without salary for active military service shall be granted for a combined total of sixty calendar months, unless a longer absence is provided by exception by law.
Immediately prior to the leave, you may choose to use or not use all or part of accumulated vacation, personal holiday, service days, or compensatory time off, as applicable, before you begin no-pay status.
Continuation of Benefits
As long as you are being paid by the University, benefits coverages/deductions and retirement contributions will continue.
When you begin no pay status, the following applies:
- You will have the option to continue any or all of the benefits in which you are enrolled for yourself and/or your eligible dependents. The cost will be at the normal employee contribution rates. Some of the benefits may include a war exclusion.
- Eligibility for educational privileges and dependent grant-in-aid will continue.
- University retirement contributions will stop. When you return to work, if you decide to make retirement contributions to cover the period of time you were absent, Penn State contributions will also be made to the extent required by law.
Some part-time employees may have re-employment rights upon completion of military service.
For related details, please refer to policy HR-19, Leave of Absence for Active Military Service or Training.
FMLA for Qualifying Military Exigencies
The Federal Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period to address certain qualifying exigencies related to your spouse, son, daughter, or parent’s call to active duty or active duty status in the National Guard or Reserves. Some of these qualifying exigencies include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
You are eligible for FMLA leave if you have been employed either part-time or full-time with the University for at least 12 months, which do not need to be consecutive or continuous, and have worked at least 1250 hours in the 12 months prior to your absence. Your supervisor or Human Resources Representative will send you an FMLA Certification Form for you to complete.
Because University policies typically exceed the FMLA 12 week provision, you should refer to the applicable University policy or union agreement to answer any questions about your absence (length, pay, etc.). FMLA time and absences provided by University policies run concurrently.
FMLA requires that all covered absences are recorded as FMLA. Because the overarching philosophy of the FMLA regulations is that you cannot be disadvantaged due to an absence for an FMLA qualifying event, these absences must be recorded correctly so that errors are avoided when making decisions about promotions, merit pay, tenure, etc.
FMLA to Care for a Family Member Injured While on Active Duty
FMLA provides for a total of 26 workweeks of unpaid leave during any consecutive 12-month period when you are needed to care for a child, parent, spouse, or next of kin who is a military service member who was injured in the line of duty. For more information please refer to time off for a family member’s illness or injury.
