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Military Leave FAQ

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Who is eligible for military leave?
Any SPA (Subject to the State Personnel Act) or EPA (Exempt from the State Personnel Act) employee who is full-time or part-time (regularly scheduled at least 20 hours per week), whose appointment is permanent, probationary, trainee or time-limited (this includes the Research Associate, Teaching Associate, Intern (Post Docs) and Post Doc Residents).

If my reserve unit is called to active duty, what do I tell my supervisor?
Bring a copy of your orders to your supervisor as verification of your call up and the date you need to leave for military service. Depending on the location and nature of your deployment you may make arrangements for staying in touch with the office concerning your expected date of return to the University.

If my reserve unit is called to active duty, how long does my department have to hold my job for me?
Five years or for the duration of service for items listed below.

  • Unable (through no fault of the individual) to obtain release from service or service in excess of 5 years to fulfill an initial period of obligated service
  • Required drills and annual training and other training duty certified by the military to be necessary for professional development or skill training/retraining
  • Service performed during time of war or national emergency or for other critical missions/contingencies/military requirements.

What are the steps I take to return to work?
Employees on military leave (with or without pay) who are separated or discharged from military service under honorable conditions and who apply for reinstatement within the time limits (see below) are reinstated to the same position or one of like status, seniority, and pay with the University or with another State agency.

The time limit for submitting an application for reinstatement or for reporting back to work depends upon the length of uniformed service.

  • If the length of service was less than 31 days, must return at the beginning of the next regularly scheduled work period on the first full day after release from service, taking into account safe travel home plus an 8 hour rest period
  • If your length of service was more than 30 days but less than 181 days, you must notify your department (supervisor or higher level manager) by telephone, email, US Postal Service or other delivery service no later than 14 days after you complete the period of service that you intend to return to work;
  • If your length of service was more than 180 days, you must notify your department (supervisor or higher level manager) by telephone, email, US Postal Service or other delivery service no later than 90 days after you complete the period of service that you intend to return to work.

How does a Reserve call-up affect my leave?
Prior to the 30 days of full pay and the differential, the employee may choose to

  • Retain their vacation/bonus leave, exhaust their vacation/bonus leave, or be paid in a lump sum to a maximum of 240 hours of vacation leave plus any unused bonus leave
  • Retain your accumulated sick leave
  • Retain any vacation leave if not paid out or not used during their deployment
  • Continue to earn time toward total State service

Still have questions regarding benefits and health insurance?
Get more information about NC State Military Leave and Reemployment Rights.

Last Edited: September 21st, 2011