In accordance with Minn. Stat. Section 192.261, subd. 1, while on military leave you are eligible to continue to accrue vacation and sick leave as if employed. When you return to work from an extended military leave of absence (i.e. deployment, Title 10), your agency will calculate the additional leave you have accrued and add it to your balances. Also, when you return you may request to use vacation leave in accordance with the provisions of your labor agreement or compensation plan.
Use of Accruals
Eligible employees (those with remaining accruals at the time military leave commences) may elect to use accrued vacation time or compensatory time while on active duty.
For employees on an extended military leave, you may not use vacation, comp time, or a floating holiday to extend your leave beyond your last day of active military duty. You will be placed on unpaid leave for the time between your last day of active military duty and when you return to work. The length of transition time between your last day of active military duty and reinstatement depends on the length of your active military duty.
Under the National Defense Authorization Act, Public Law 110-181, certain leave provisions have been added to the FMLA.
Eligible employees are entitled to up to 12 weeks of unpaid leave during the fiscal year for “any qualifying exigency” when the employee’s spouse, child, or parent is on active duty or has been notified of an impending call or order to active duty in the Armed Forces (including the Reserves and National Guard) in support of a “contingency operation.” Examples of a “qualifying exigency” may include settling legal matters, interviewing child care providers, handling financial matters, seeking assistance for care of elderly parents, and covering household duties that the service member had been handling.
An eligible employee who is the spouse, son, daughter, parent or next of kin of a service member who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to 26 weeks of leave in a single 12-month period to care for the service member. “Next of kin” means the nearest blood relative of the service member.
Such leave is part of, not in addition to, any FMLA leave an employee may be using for other reasons.
Additional information on the amendments, including a workplace poster, can found in the State's FMLA Policy Regarding Military Leave.
Effective August 1, 2006, unless the leave would unduly disrupt the operations of your agency, your agency shall grant you a leave of absence without pay if an immediate family member, as a member of the United States armed forces, has been ordered into active service in support of a war or other national emergency.
Your agency may limit the amount of leave provided to the actual time necessary for you to attend a send-off or homecoming ceremony, not to exceed one day's duration in any calendar year. At your agency's discretion, you may substitute paid accrued vacation or compensatory time off for any or all of the leave period. Immediate family member is defined in the law as your grandparent, parent, legal guardian, sibling, child, grandchild, spouse, fiancé, or fiancée.
See Minnesota Statute 181.948 for more information.
If your immediate family member, as a member of the United Stated armed forces, has been injured or killed while engaged in active service, you will be granted up to 10 working days of unpaid leave. The number of days granted may depend on the specific situation and operation business needs. Immediate family member is defined in this law as a person’s parent, child, grandparents, siblings, or spouse.
At your agency's discretion, you may substitute paid accrued vacation or compensatory time off for any or all of the leave period. You must give as much notice as practicable of the your intent to take this leave. This provision is effective June 2, 2006, and applies to family members injured or killed after this date as well as those family members injured prior to this date.
See Minnesota Statute 181.947 for more information.
Pursuant to Minnesota Statute 43A.184, a state employee who is a veteran with a service related disability may apply to the employee’s appointing authority for additional sick leave to receive treatment for the disability. The employee must qualify as a veteran under Minnesota Statute 197.447 and have a sick leave balance that is insufficient to receive treatment for the disability.
The appointing authority may authorize up to an additional 40 hours of sick leave for the employee in the current fiscal year. The appointing authority may approve sick leave for an employee under these provisions one time in each fiscal year. Should the absence be Family Medical Leave Act (FMLA) qualifying, the 40 additional hours will be applied to the FMLA time limits.
A Request for Sick Leave for Veterans with a Service Related Disability Form must be submitted to the agency Human Resource Office.