Educational/ Personal Leave/ Military Leave
The Military Family Leave Provisions under the Family and Medical Leave Act
The military family leave provisions of the Family and Medical Leave Act (FMLA) entitle eligible employees of covered employers to take FMLA leave for any “qualifying exigency” arising from the foreign deployment of the employee’s spouse, son, daughter, or parent with the Armed Forces, or to care for a servicemember with a serious injury or illness if the employee is the servicemember’s spouse, son, daughter, parent or next of kin.
Board of Regent Personel Policy 188.8.131.52 Military Leave with Pay
Ordered Military Duty
For the purpose of this policy, ordered military duty shall mean any military duty performed in the service of the State or the United States, including, but not limited to, service schools conducted by the armed forces of the United States. Such duty shall be deemed “ordered military duty” regardless of whether the orders are issued with the consent of the employee (BoR Minutes, 1990-91, p. 173).
Leave of Absence
An employee who receives orders for active military duty shall be entitled to absent himself or herself from his or her duties and shall be deemed to have a leave of absence with pay for the period of such ordered military duty, and while going to and returning from such duty, not to exceed a total of eighteen (18) workdays in any one federal fiscal year (October 1 – September 30) as authorized by Georgia Law O.C.G.A. § 38-2-279[e]. At the expiration of the maximum paid leave time, continued absence by the employee shall be considered as military leave without pay. The employee shall be required to submit a copy of his or her orders to active military duty (BoR Minutes 1990-91, pp. 173-174).
Emergency Leave of Absence
Notwithstanding the foregoing leave limitation of eighteen (18) days, in the event the Governor declares an emergency and orders an employee to State active duty as a member of the National Guard, such employee while performing such duty shall be paid his or her salary or other compensation as an employee for a period not exceeding 30 days in any one federal fiscal year.
Payment of Annual Leave
After an employee has exhausted his/her paid military leave, an institution may pay the employee for his/her accumulated annual leave (BoR Minutes, 1990-91, p. 174).