by Cindy A. Abole, Public Relations

Of the 267,000 U.S. troops President George Bush activated in 1991 to support the Gulf War, more than 400 were MUSC staff members, employees and students.

In light of the current situation in Iraq and the possibility of military intervention, the same turn of events could affect MUSC again.

As dozens of MUSC people were being called to National Guard and Reserve service seven years ago, MUSC department supervisors and staffs were suddenly faced with a shortage of medical care personnel. How was this gradual exodus handled at MUSC? What federal and state regulations cover a returning employee following military service?

C. Betts Ellis, administrator for integrated services and former director for the department of human resources management, recalls how the 1991 events prompted his area to review guidelines and university policy regarding military leave and job rights. Rapid mobilization of Army, Navy, Air Force and National Guard troops challenged the rights of military reservists under the university’s policy.

At the height of troop build-up in January 1991, the department of human resources released a memo addressing the subjects of short-term military leave for MUSC personnel affected by the Middle East crisis. The memo, organized in a question-answer format, helped to define policy regarding training, leave and pay benefits, insurance, retirement and reemployment rights for activated reserve personnel. The information was distributed to deans, department heads and supervisors—individuals normally responsible for managing reservist’s activities—within their respective work areas.

“The military leave policy remains accurate,” said Rhonda Richardson, compensation/employee relations manager with Human Resources Management. “We’re very supportive of military leave for employees who are called to support our country.” Reservists may serve an aggregate 15 working days under military leave to support training, special projects and assignments. Employees must provide adequate notification through official orders to their supervisor to arrange for alternative staffing support. Special situations will be reviewed on a case-by-case basis through the department of human resources and policies mandated by the State Budget and Control Board.

MUSC’s Human Resources Management Policy Manual, Policy No. 22 addresses the subject of military leave. In 1994, the Department of Labor introduced the Uniformed Services Employment and Reemployment Rights Act (USERRA) which clarifies and strengthens the Veteran’s Reemployment Rights (VRR) statute.

Employer and reservist information can be found on the Internet at <http://www.ncesgr.osd.mil>

Military Leave

I. Policy: Medical University employees who are inducted into the Armed Forces for a regular tour of duty or who enlist in the Ready Reserve for active duty training are entitled to reemployment rights. Employees who are members of the South Carolina National Guard or an active reserve unit are entitled to paid leave. These rights are in accordance with applicable Federal and State regulations and are outlined below.

II. Information and Procedures:

A. Employees who enlist or are inducted into the Armed Forces for a regular tour of active duty have full reemployment rights for up to five years under the following conditions:

• That the employee can present a separation document showing satisfactory completion of service;
• That the employee report for reemployment within 90 days of separation from active duty;
• That the employee be reemployed in a position with similar seniority status and pay, without competition;
• That the employee can be given seniority credit for time in service;
• That the employee cannot be discharged without cause for one year after reemployment.

B. Employees who enlist in the Ready Reserve for an active duty training period are entitled to reemployment rights under the same conditions as stated above with the following exceptions:

• That the employee applies for reinstatement within 31 days after release from training duty;
• That the employee cannot be discharged without cause for six months after reemployment.

C. Employees who are members of the South Carolina National Guard or an active reserve unit of a military service will be given up to 15 work days leave without charge against earned leave or loss of pay to meet the federal minimum annual training requirements within a calendar year, or fiscal year if the National Guard or reserve component credits training requirements on a fiscal year basis. However, while a 15 day maximum is allowed, it does not entitle an employee to take the full 15 days leave if it is to include training which is supplemental to the minimum requirements of the service component. The first 15 days Military Leave (taken consecutively or intermittently) during a calendar or fiscal year are to be charged as that which is required and the employee will be compensated for only the number of days scheduled to work at the Medical University during this period. Thirty additional days will be granted without charge against earned leave or loss of pay when called to active duty for State or national emergencies.

• Employees scheduled for Military Leave as described in paragraph C (above) are to present a copy of their official orders to their supervisor for approval. The supervisor is to forward one copy of the orders to the Records Section of the Department of Human Resources Management for inclusion in the employee’s personnel file.
• When Military Leave is taken as described above, proper documentation that the employee is on Military Leave is to be made on the Department Time Summary, time card or punch detail report.