Military Leave - Rights to Benefits
Salary adjustments
If you have the right of return to a position in State service, you're entitled to:
- General Salary Adjustments,
- Labor Marked Adjustments (LMA),
- Merit Salary Adjustments (MSA),
- Special In-grade Salary Adjustments (SISA), and
- range changes
you would have received if you'd continued on the job (GC 19775.3).
Seniority
If you have the right of return, for purpose of determining your seniority the time you were on military leave counts as though you had remained in your position (GC 19784, 19775.3).
Vacation and sick leave
If you have the right of return, you may get vacation and sick leave credit for the time you were on leave, depending on the type of military leave. Time spent on military leave counts toward a higher vacation allowance (GC 19775.3).
After short-term military leave
The State credits your unused vacation, sick leave, or overtime balances upon your return.
If you meet the requirements for qualifying service, you'll receive the same vacation and sick leave credits as though you had remained on the job. You don't receive these additional credits if you don't meet the qualifying service requirements.
After long-term military leave
The State credits your unused vacation, sick leave or overtime balances upon your return.
If you meet the condition of a long-term military leave (GC 19775), you'll also receive vacation and sick leave for up to six months. You'll get these credits at the same rate that would have applied if you'd remained on the job.
You're not eligible to receive these additional credits if you don't meet the qualifying service requirements. Immediately on your return from military leave, you'll begin earning vacation and sick leave at the accrual rate you would have received if you'd remained on the job. However, you don't receive any vacation or sick leave for the time you were actually on military leave.
After emergency military leave
The State credits your unused vacation and sick leave balances upon your return. In addition, you'll receive the same vacation and sick leave credits as though you had remained on the job.
After war or national emergency military leave
The State credits your unused vacation, sick leave or overtime balances upon your return.
You're eligible to receive vacation and sick leave for up to 24 months, based on the length of your leave. You'll get these credits at the rate that would have applied had you remained on the job. You'll start earning vacation and sick leave immediately upon your return at the rate you would have received had you remained on the job.
Per Federal Statute Section 4316 (d) of Title 38, while you are on military leave you may draw from your available leave credits at anytime. You must notify your personnel office to process this kind of request.
Probationary period
If you were serving a probationary period when you went on military leave, the time remaining to be served in that probationary period must be completed upon the return to your former position (GC 19775.3).
Updated November 13, 2007 at 11:27 AM.
