Military Leave

Eligible employees may receive leave of up to a total of five years (or more if a Uniformed Services Employment and Re-Employment Act USERRA applies) to satisfy military obligations for Regular Military Leave which is defined as:

• Active duty
• Active duty for training
• Initial active duty for training
• Inactive duty training
• Full-time National Guard duty
• State or federally authorized urban search and rescue, or
• Absence from work for an examination to determine an individual’s fitness for any of the above types of duty.

Eligibility

All benefits eligible employees, including educational appointees, students and trainees who need to satisfy military obligations are eligible for regular military leave. Educational and training requirements of trainees may be affected based on academic standards.

Process for Using

STEP 1: The employee talks with their manager and calls HR Leave & Accommodations or 713-745-3652 in advance of their departure to initiate the request for military leave. Copies of military orders or training notices of induction must be emailed HR Leave & Accommodations or faxed to 713-735-8898. If advance notice is not available, you should notify the HR Leave & Accommodations as soon as possible.

STEP 2: The employee reviews options for insurance coverage while on military leave and takes action as stated.

STEP 3: HR Leave & Accommodations codes the employee's time.

Regular Military Leave Rules & Exceptions

• You will receive full pay (based on current regularly scheduled hours) for up to 15 working days, based on an eight-hour day, in any federal fiscal year (October 1 through September 30) while employed and called to duty.¹ 
• Beyond 15 paid leave days, you may elect to use any other applicable paid leave (not including EIB or educational sick.)
• Once 15 paid leave days plus other accrued paid time off is used, you are placed on extended military leave without pay by your department.
• Employees may carryforward up to 45 days of military leave each federal fiscal year. Any hours in excess of 45 days will expire at the end of the fiscal year.²
• You may choose to go on leave without pay in lieu of using applicable available accruals. You will reeive an Accrual Authorization form in your military leave packet. Return this completed form to HR Leave & Accommodations.  If this form is not received, HR Leave & Accommodations will use all applicable paid leave accruals for the duration of your leave. 
• PTO and EIB (or vacation and sick leave if you are an educational appointee), as appropriate, continue to accrue while on you are on military leave. This accrued time is credited and available upon your return to work.

Return From Leave

See the Re-employment after Military Leave section for eligibility for reinstatement rights and processes.

Sources:
¹Texas State Government Code 437.202(a)
²Texas State Government Code 437.202(b)

Eligible employees may receive leave of up to a total of five years (or more if a Uniformed Services Employment and Re-Employment Act USERRA applies) for National Guard Leave when called up by the Governor of the State of Texas in a designated state emergency, federal assistance in a declared emergency or for training.

Eligibility

All benefits eligible employees, including educational appointees, students and trainees who need to satisfy National Guard military obligations are eligible for National Guard leave. Educational and training requirements of trainees may be affected based on academic standards.

Process For Using

See Process for Using in Regular Military Leave.

National Guard Rules & Exceptions

PTO and EIB (or Vacation and Sick Leave if you are an educational appointee), as appropriate, continue to accrue while on you are on Military Leave. The accrued time is credited and available on your return to work.

• National Guard Called for State Emergency 
         Employees called-up under this provision receive their regular salary without a deduction from leave or military accruals.
• National Guard Called for Federal Assistance in a Declared Emergency or Training
         Employees called-up under this provision receive their regular salary without a deduction from leave or military accruals for up to 22 days.¹
• PTO and EIB, (vacation and sick leave for educational appointees) as appropriate, continue to accrue while you are on military leave.
        The accrued time is credited and available upon your return to work.

Return From Leave

See the Re-employment after Military Leave section below for eligibility for reinstatement rights and processes.

Source:

¹Texas Government Code Section 437.254(b)

Eligible employees may receive leave of up to a total of five years (or more if a Uniformed Services Employment and Re-Employment Act USERRA applies) for duties performed as a result of being called to active duty as a result of a national emergency, or a war as defined by either the Texas State Legislature or the federal government.  

Eligibility

All benefits eligible employees, who need to satisfy military obligations are eligible for emergency military leave. Temporary employees, educational appointees, students and trainees are not eligible for this leave.

Employees called to active duty for a national emergency, or a war as defined by either the Texas State Legislature or the federal government, retain active employee status and are eligible for a special differential pay designed to maintain a certain level of pay and benefits. Emergency military leave does not include normal military training, attending military school or voluntary/involuntary military training.

The differential is calculated as:

Regular MD Anderson monthly salary for the absence period (base plus any unit base differential [UBD] plus longevity or hazardous duty pay) in effect on the last working day prior to military activation

- minus - 

Earned military pay for the absence period (Regular pay excluding compensation add-ons for service in a combat zone, hardship pay, and pay for being separated from the employee’s family)

Any positive difference will be paid to the employee, less regular deductions. Pay will not be reduced by more than the amount of the employee’s cost of their current benefits (excluding 403b and 457b deductions) for the eligible duty period if the employee elects to continue those benefits during their leave period.¹

Process for Using

STEP 1: In advance of their leave, the employee notifies their manager of their orders and contacts the HR Leave Center at 713-745-3652 to initiate a request for emergency military leave. Copies of the military orders must be submitted to the HR Leave Center by fax at 713-745-8898 or HRLeaveAdmin@mdanderson.org. If advance notice is not available, you should notify the HR Leave Center as soon as possible.

STEP 2: The HR Leave Center:

• reviews the military orders to determine if the orders meet the meet the requirements of emergency military leave. 
• notifies the department and employee of the military status determination.
• schedules an appointment with the employee to discuss leave and insurance options while on emergency military leave.
• codes the employee's time.

STEP 3: As soon as it is received, employee provides one full month of Leave and Earnings Statements (LES) to the HR Leave Center by fax at 713-745-8898 or HRLeaveAdmin@mdanderson.org in order to calculate and process the emergency military leave supplement. 

Emergency Military Leave Rules & Exceptions

• You will receive full pay (based on current regularly assigned hours) for up to 15 working days (based on an eight-hour day) in any federal fiscal year (October 1 through September 30) based on regular military leave.
• After 15 paid leave days, you will be placed on emergency leave based on your military orders.
• PTO and EIB (or vacation and sick leave if you are an educational appointee) as appropriate, continue to accrue while you are on emergency military leave but are credited and available only upon your return to work.
• If earnings increase or decrease while on leave, the employee is responsible for providing a current LES to the HR Leave Center by fax at 713-745-8898 or HRLeaveAdmin@mdanderson.org. Failure to provide these updates in a timely manner may result in overpayment and require reconciliation upon return to active employment.
• A new LES statement must be provided each year while on this status of leave.

Return From Leave

See the Re-employment after Military Leave section below for eligibility for reinstatement rights and processes.

Source:

¹Texas Government Code Section 661.9041

Eligible employees who are called to state active duty military service by the governor or another appropriate authority in response to a disaster are entitled to up to 7 paid days of work to perform these duties.¹

Eligibility

Employees eligible for this leave must meet the following criteria:

• Benefits eligible including educational appointees, students and trainees.
• Member of the Texas military forces (a reserve component of the armed forces) or a member of a state or federally authorized urban search and rescue team.
• Called to state active duty military service by the governor or another appropriate authority in response to a disaster.

Process for Using

STEP 1: The employee talks with their manager and calls the HR Leave Center at 713-745-3652 in advance of their departure to initiate the request for military leave. Copies of military orders must be submitted to the HR Leave Center by fax at 713-735-8898 or HRLeaveAdmin@mdanderson.org. If advance notice is not available, you should notify the HR Leave Center as soon as possible.

STEP 2: The HR Leave Center codes the employee's time.

STEP 3: The employee may be required to show proof of completed service.

Rules and Exceptions

Unused accruals do not roll over to the next fiscal year.

Source

¹Texas Government Code Section 437.202

Employees may be reinstated after leave that is protected under the Uniformed Services Employment and Re-employment Act (USERRA) or Texas state law for duties performed on both a voluntary and involuntary basis for:

• Active duty,
• Active duty for training,
• Initial active duty for training,
• Inactive duty training,
• Full-time National Guard duty, and
• State or federally authorized urban search and rescue, or
• Absence from work for an examination to determine an individual’s fitness for any of the above types of duty.

Eligibility For Re-employment After Military Leave

To be eligible for re-employment rights, the following eligibility requirements must be met:

STEP 1: Employee provides appropriate military release to the HR Leave Center by fax at 713-745-8898 or  HRLeaveAdmin@mdanderson.org prior to returning.

STEP 2: Employee serves for a period that must not exceed five years, or more if one of the following Uniformed Services Employment and Re-Employment Act (USERRA) exceptions apply:

• Initial enlistment lasts more than five years,
• Involuntary active duty extensions and recalls (especially during a time of national emergency or war,) or
• Periodic and special Reserve and National Guard training.

STEP 3: Employee completes military service under honorable conditions.

STEP 4: Employee notifies their manager of their plan to return to work and contacts the HR Leave Center to discusses re-employment using the time frames below. If the period of service is:   

• Less than 31 days - Employee must report for re-employment at the beginning of the first regularly scheduled workday that would fall eight hours after returning home.
• 31 to 180 days - Employee must talk to their manager no later than 14 days after the completion of service.
• More than 180 days - Employee must talk to their manager no later than 90 days after the completion of service.

Process For Re-employment After Military Leave

If the above eligibility requirements for re-employment are met, the department will promptly re-employ the employee in a position he/she would have attained if he/she had remained continuously employed, so long as he/she is qualified for the job or can become qualified after reasonable efforts.

If the employee is not qualified for such a position, the employee will be re-employed in the position held before the military service. If the employee is not qualified for either position, the employee will be re-employed in any other position of lesser status and pay for which the employee is qualified.

STEP 1: The employee notifies the department and contacts the HR Leave Center at 5-3652 to advise of their expected return to work date, giving reasonable notice.

STEP 2:  The HR Leave Center determines eligibility and examines any need for a reasonable accommodation under the Americans with Disabilities Act as Amended.

STEP 3:  The HR Leave Center provides information to the employee regarding the Teacher Retirement System of Texas (TRS.) The employee contacts HR Benefits (HRBenefits@mdanderson.org) regarding the Optional Retirement Plan (ORP) to make retirement plan deduction arrangements for making up missed contributions, if desired.

STEP 4: Upon return to work, the HR Leave Center will provide instructions about reinstating insurance coverage. The employee has 31 days after they return to work to reinstate coverage and pay premiums, if applicable.  

Re-Employment After Military Leave Rules & Exceptions

• If hospitalized or convalescing from a service-related illness or injury, you may receive an extension to discuss re-employment for up to two (2) years.
• If you fail to report to work/or contact your manager and the HR Leave Center regarding re-employment within the appropriate time frame, your employment will be terminated.
• If you need special accommodations to return to work, you must notify the HR Leave Center of your needs so that reasonable accommodations can be considered and determined.  You may also have rights under either the Family and Medical Leave Act and/or Accommodating Disabilities in the Workplace Policy (UTMDACC Institutional Policy # ADM0286.)
• Retirement Plan – If you return within the five year period defined under USERRA, you will be treated as having no break in service for purposes of the TRS/ORP retirement plans if you make up your required contributions.

Upon your return, you have three times the period of your individual military leave (up to five years) to make up any of your missed employee retirement contributions. MD Anderson will make retirement contributions it would have made if the employee had not been absent due to military leave.

To learn about leave for veterans who seek medical, physical rehabilitation and/or mental health care, please visit our Veterans Health Leave page.