Military Leave Benefits

Wisconsin State Statute §230.35(3) and labor agreements generally provide 30 work days of leave without loss of pay each calendar year for eligible military service. In addition, Wis. Stats §230.315 provides up to four years of military differential pay and leave benefits for employees called up for eligible military duty from a reserve status on or after January 1, 2003.

See links below for additional military leave resources:

• Military Leave Summary and Information about Benefits During a Military Leave of Absence
• Employee Benefit Check-List Upon Activation for Military Service
• Detailed Military Leave Provision Q&A document
• List of Appointment Types Eligible for Military Leave
• For administrative documents pertaining to military leave, including links to all Office of State Employment Relations (OSER) military leave bulletins, please go to the Military Resources page.

Annual 30 Day Military Leave Benefit

Wis. Stats §230.35(3)(a) provides employees of the state who have PERMANENT status and who are members of the reserve component of the national guard, the state defense force, or any other reserve component of the military, with 30 days of leave without loss of pay and benefits “to attend military schools and annual field training or annual active duty for training, and any other state or federal tours of active duty, except extended active duty service or service as a member of the active armed forces of the United States.”  This leave is not granted for absences of less than three days.

During the annual 30 day military leave benefit, the employee is eligible to receive the difference between state pay and military base pay.  If military pay is higher than state pay, the employee has the option to take an unpaid military leave of absence or use accumulated leave, except sick leave, to remain on payroll.  An employee is eligible to maintain all benefits, accumulate paid leave and earn Wisconsin Retirement System (WRS) service credit (limits may apply).

Four Year Military Leave Provision for Employees Called to Active Duty from a Reserve Status

Wis. Stats §230.315 provides benefits to employees who meet the following three criteria:

1. On or after January 1, 2003, the employee is activated to serve on military duty in the U.S. armed forces for other than training purposes
2. On the date activated, the employee is either a member of the Wisconsin National Guard or a member of the reserve component of the U.S. armed forces or is recalled to active military duty from inactive reserve status
3. The employee is on an eligible military leave of absence from state service.

When an employee is eligible for the four year military leave provisions, the employee receives the difference between base state pay and military base pay plus base military housing allowance (BAH).  See the Military Leave Provision Q&A for details about how to calculate military pay differential.  If military pay is higher than state pay, the employee has the option to take an unpaid military leave of absence or use accumulated leave, except sick leave, to remain on payroll.  An employee is eligible to maintain all benefits, accumulate paid leave and earn Wisconsin Retirement System (WRS) service credit (limits may apply).

Benefits While on a PAID Military Leave of Absence

If an employee is on a paid military leave of absence, the employee has the option to continue all benefit and payroll deductions or choose to let some or all of the benefits lapse.  All employees should complete an Employee Benefit Check-List Upon Activation for Military Service and a Health Insurance Election for Military Personnel form to indicate which benefits and payroll deductions the employee wants to continue.  The employee must re-enroll in any lapsed benefits within 30 days of return to work.  Employees also have 30 days from return to work to enroll in any plans that had an open enrollment while the employee was on military leave. 

The employee will accrue all paid leave benefits and WRS service credit for the time on military leave.  See the Summary of Military Leave Provisions for more information about how your benefits are affected by a military leave.

Benefits While on an UNPAID Military Leave of Absence

If an employee is on an unpaid military leave of absence, the employee has the option to continue all benefits or choose to let some or all of the benefits lapse.  All employees should complete an Employee Benefit Check-List Upon Activation for Military Service and a Health Insurance Election for Military Personnel form to indicate which benefits the employee wants to continue.

Three Ways to Maintain Benefits While on Unpaid Leave of Absence

1. Multiple benefit deductions from paychecks before the unpaid leave of absence begins
2. Receive a pay a monthly invoice for cost of benefits (must be paid timely on a monthly basis).  Contact your staff benefits office for more information.
3. Stay on payroll at a reduced level to provide for benefit deductions.  You will have to repay any amount paid to you if you select this option.

The employee is eligible for the full employer contribution towards health insurance, Income Continuation Insurance and State Group Life Insurance premiums for the duration of the unpaid leave of absence. The employee must re-enroll in any lapsed benefits within 30 days of return to work.  Employees also have 30 days from return to work to enroll in any plans that had an open enrollment while the employee was on military leave. 

The employee will accrue all paid leave benefits and WRS service credit for the time on military leave.  See the Summary of Military Leave Provisions for more information about how your benefits are affected by a military leave.

The following information pertains to employees on unpaid and paid military leave:

Wisconsin Retirement System (WRS)

While on an approved military leave of absence, either paid or unpaid, you will continue to accrue WRS service credits. You will receive WRS service credit while on military leave of absence if:

• You notify your employer that you are going on military leave; and
• Upon your return you provide a copy of your DD214 or military leave and earnings statements showing the dates of duty; and
• You leave the military under honorable conditions; and
• You return to work for the UW System.

You are only required to pay WRS contributions on any differential pay received while on a military leave of absence. If your military leave is partially or fully unpaid, you have the option to pay some, all or none of the WRS contributions based on your full UW salary. See the USERRA Certification form (ET-4560) for additional information. You must complete the USERRA Certification upon your return to work to indicate whether or not you want to pay any WRS contributions associated with your military leave.

Leave Benefits

• You continue to accumulate vacation, sick leave, and personal holidays during the four-year military leave provision.
• Sick leave balances are retained.  You can not use accumulated sick leave to remain on payroll while on an approved military leave.
• You have two consecutive years following the year that you return to work to use any accrued leave available to you prior to military activation plus the amount of accrued leave earned during the military leave of absence.  For example, if you return to work on July 15, 2012, you have until December 31, 2014 to use those accumulated hours.
• After military leave under the four-year benefit, you may use up to 160 hours of leave in the first thirty days after discharge from military duty.
• You may then take paid or unpaid leave for the remainder of the 180-day period immediately following discharge from the military.

Seniority

You retain your original date of seniority during a leave of absence.

Additional Resources on Military Leave

This document was last revised on February 20, 2012