Pace University supports the rights and obligations of its employees to serve in the Armed Forces of the United States. The Uniform Services Employment and Reemployment Rights Act (USERRA) of 1994, provides for job and benefits protection for an individual who has left his or her job to enter service in the uniformed services of the United States. It also prohibits discrimination in the hiring, promotion, reemployment termination and benefits of an individual on the basis of their membership in the uniformed services.
Full time and part time faculty and staff are eligible for military leave up to a maximum of 5 years.
To qualify for the benefits and rights governed under USERRA, employees should notify their supervisors and their campus Human Resources Services department, in writing, at least 4 weeks in advance of the leave, unless notice is precluded by military necessity or it is impossible or unreasonable to give such notice. Notice should be accompanied by the employee’s military orders for such a leave.
A full time staff employee may use vacation or personal days accrued and unused prior to the commencement of military service. Effective January 1, 2003, for any leave taken for military service, an employee with more than one year of continued service at the University will be compensated for the difference between his or her regular University base pay and military pay while on military leave according to the following schedule:
|1 to 2 years of continued University service||2 weeks pay differential|
|2 to 4 years of continued University service||Up to 4 weeks of pay differential|
|4 to 7 years of continued University service||Up to 6 weeks of pay differential|
|7 to 10 years of continued University service||Up to 9 weeks of pay differential|
|10 or more years of continued University service||Up to 12 weeks of pay differential|
In order to receive a pay differential, the employee must present a certified government accounting of compensation to their campus Human Resources Services department within 14 days of returning to work.
Health and Dental (applicable to full time faculty and staff)
Full employee benefits will continue for a military leave that does not exceed thirty days. Employees are not required to pay more than the employee share, if any, for such coverage.
If the military leave time exceeds 30 days, your health and dental benefits will continue one month for every two years of continuous University service. The employee is not required to pay more than the employee share, if any, for such coverage.
Employees may then elect to continue coverage under Pace’s group medical and dental plan, at their own expense, for up to 18 months during a military leave. Employees on leave for more than 30 days will not pay more than 102% of the full premium under the plan if they wish to continue coverage under the group medical and dental plan.
Pace University will not make any contributions to your retirement plan while you are on military leave. However, once you return from military duty and are re-employed, your period of military duty will be counted as covered service for eligibility, vesting and benefit accrual purposes. If employee contributions are required, the employee has a period equal to three times the period of military duty or 5 years, whichever ends first, to make up the contributions. Pace University will then make contributions that would have been made if you had been employed during the period of military duty.
Eligibility for on-campus tuition remission benefits for a spouse/domestic partner and dependent children will continue based upon the following schedule:
|Less than 2 years of continued University service||End of the current semester|
|2 to 5 years of continued University service||One additional academic year|
|5 to 10 years of continued University service||Two additional academic years|
|10 or more years of continued University service||Three additional academic years|
An employee is responsible for seeking reemployment upon returning from military leave by contacting the Office of Human Resources and the employee’s immediate supervisor.
If military leave is less than 31 days, reemployment must be sought within the “first scheduled work day” following the completion of service.
Pace University reserves the right to request that an employee who is absent for a period of military service in excess of 30 days provide documentation showing:
- Employee’s application for re-employment is timely as governed by USERRA
- Employee’s cumulative period of absence from the University for military leave has not exceeded the five year service limitation; and
- Employee’s discharge from service was “honorable” as defined by USERRA.
Upon satisfactory completion of the above conditions, Pace University will reinstate eligible employees according to the reemployment requirements governed by USERRA.
There are certain exceptions to the requirement to re-employ a returning service member which include:
- The University’s circumstances have so changed as to make such reemployment impossible or unreasonable;
- The individual has incurred a disability or aggravated a disability during such service, and after reasonable effort to accommodate the disability, is no longer qualified due to such disability and cannot be re-qualified and rehired without imposing an undue hardship upon the University; or
- The original employment was short term with no reasonable expectation of continued employment.
For further information, contact the University Benefits department at 914-923-2828.
For additional information about the Uniform Services Employment and Reemployment Rights Act (USERRA) of 1994 please visit www.dol.gov.
Approved by President David A. Caputo, May 27, 2003