Taking Military Leave
University of Montana employees who are called to active duty, training, or other military service are entitled to job-protected leave under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Montana state law. This page covers your rights during and after military service, how pay and benefits are handled during leave, and how to request leave.
Who This Applies To
Faculty | Staff | Contracts
All employees who are members of the uniformed services, including the National Guard and Reserve components, are covered. This includes voluntary and involuntary service.
Process
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Provide advance notice of your military service to your supervisor and HRS whenever possible. Notice may be verbal or written. Advance notice is not required if it is precluded by military necessity or otherwise impossible or unreasonable under the circumstances.
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Montana state law entitles employees called to active duty in the state or federal military to leave with pay for up to 15 working days per federal fiscal year (October 1 through September 30). During this paid period, you receive your regular university salary. For military service extending beyond 15 working days, leave is without pay. You may, but are not required to, use accrued annual leave or compensatory time during unpaid military leave. You are not required to use sick leave during military leave.
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- Health insurance: You may continue MUS Group Benefits Plan coverage for up to 24 months during military leave. If your leave is less than 31 days, you continue to pay only your regular employee share of premiums. For leave of 31 days or more, you may be required to pay up to 102% of the full premium cost. Contact the HRS Benefits Team to arrange continued coverage.
- Retirement: Your retirement contributions and employer match are protected during military leave. Upon reemployment, you have the opportunity to make up any missed contributions.
- Annual and sick leave: Leave does not accrue during unpaid military leave. Leave accrued before your departure is retained and available upon your return.
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Upon returning from military service, you are entitled to reemployment in your former position or a comparable one, provided you meet the following conditions:
- You gave advance notice of your service when possible
- Your cumulative military leave does not exceed five years with the University (with limited exceptions for involuntary service)
- You return to work or apply for reemployment within the required timeframe after discharge
Reemployment timeframes based on length of service:
- Service of 1 to 30 days: report to work on the next scheduled workday
- Service of 31 to 180 days: apply for reemployment within 14 days of discharge
- Service of 181 days or more: apply for reemployment within 90 days of discharge
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HRS can help you understand your options for pay, benefits continuation, and reemployment before you leave and upon your return. It is strongly recommended that you meet with HRS before your departure to document your leave and confirm your benefits elections.
Frequently Asked Questions
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No. You may elect to use accrued annual leave or compensatory time during military leave, but you are not required to do so. You may not be required to use sick leave during military leave.
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If you are recovering from a service-related illness or injury, your reemployment deadline may be extended by up to two years. Contact HRS as soon as possible to discuss your situation and ensure your reemployment rights are protected.
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Yes. For purposes of seniority, pension, and other rights and benefits determined by seniority, you are treated as if you had been continuously employed during your period of military service.
Contact this Team
For questions, please submit a ticket through AskHR, email askhr@umontana.edu, or call 406-243-6760.