Department of Human Resources

Military Leave FAQ

A: Merit employees who enter active military service are entitled to a leave of absence for the period of time of their tour of duty, extended for 90 calendar days beyond the date on which their active duty terminates.

In addition, Merit employees who are members of the National Guard or Reserves who are ordered to attend training camp or to special duty training during scheduled work hours are entitled to paid military leave of 112.5 hours (based on a 37.5 hour workweek) or 120 hours (based on a 40 hour workweek). This leave accrues at the beginning of each calendar year. If the active duty tour extends beyond the number of hours for which employees are eligible to be paid, the portion of the leave beyond that time period shall be without pay or employees may request to use annual leave. Military leave is pro-rated for part-time employees.

A: Employees may take an unpaid leave of absence or request to use accrued annual leave. Holiday pay, annual leave, and sick leave do not accrue during leaves without pay greater than 30 days.

A: Employees called to active military service for any operational mission to augment active forces as ordered are eligible for a continuation of their State salary, less any military compensation received in accordance with Senate Bill 169. The amount of salary continuation will include the amount of employees' salary funded by State appropriation, Special Funds, or Federal funds. State compensation is limited to base salary only and does not include hazardous duty pay, shift differential or any other special pays. State salary continuation applies to these campaigns only. TKG04.06

A: Employees requesting continuation of their State salaries while on active military service for any operational mission to augment active forces as ordered, as stated above, must initiate the process by completing Sections B and C of the Application for State Salary Continuation Form and submitting the form, along with a copy of their orders and military pay vouchers, to their agency human resources representative within 90 days of release from active duty or while on active duty. Employees must submit a completed application including supporting documentation for each pay period for which they are requesting State military salary continuation. TKG04.06

A: While receiving military salary continuation or taking an unpaid military leave of absence, State employee will not accumulate holidays, annual leave or sick leave, but will be credited with State service time when they return to active employment. Employees will resume accrual of annual and sick leave from the time they return to work.

A: Employees may continue all of their State of Delaware benefits while on active duty military leave.

For their group health benefits, State share of medical benefits will continue for the first two years of active duty military absence as long as the employee submits a monthly payment for their employee share of the cost of elected coverage. All payments should be made payable to the State of Delaware and forwarded to the employee's agency Human Resources Office for processing.

Dental insurance may be continued while on active military leave for two full years provided the total employee cost is paid each month by the first of the month. All payments should be made payable to the State of Delaware and forwarded to the employee's agency Human Resources Office for processing.

For questions regarding your benefits contact your agency Human Resource Office.

If employees elect to discontinue coverage by not paying their cost, insurances will be canceled until employees return to work. Coverage may be resumed upon returning to active employment. TKG09.2011

A: An employee who is absent from employment for an extended period of time on military leave, and who requests FMLA leave shortly after returning to work, may not have actually worked for the State for a total of 12 months or may not have performed 1250 hours of actual work in the 12 months prior to the start of the FMLA leave, as required by the FMLA.  In such circumstances, an employee returning from military leave will nonetheless be entitled to FMLA leave if the hours the employee would have worked during the period of military leave would have met the FMLA eligibility threshold.  Therefore, in determining FMLA eligibility, the months employed and the hours that were actually worked for the State will be combined with the months and hours that would have been worked by the employee during the 12 months prior to the start of the FMLA leave but for the military service.

A: No. An employee's period of military leave will be counted as covered service with the State for eligibility, vesting and benefit accrual purposes. Returning service members are treated as if they had been continuously employed.

A: There is no requirement for the State to make contributions to your 457(b) plan while you are on military leave.  However, once you return from military duty and are reemployed, the State will make the employer contributions that would have been made if you had been employed during the period of military duty.  If employee contributions are required or permitted under the plan, the employee has a period equal to three times the period of military duty or five years, whichever ends first, to make up the contributions.  If the employee makes up the contributions, the State will make up any matching contributions.

A: The Uniformed Service Employment and Reemployment Rights Act (USERRA) of 1994 generally requires employers to grant up to 5 years of unpaid leave to employees who are members of or join the military. At the expiration of such military leave of absence, employees may be returned to State employment upon informing the appointing authority of their willingness and ability to return to work. KAH06112003

A: Military Leave is an annual occurrence which does not hinge on hours worked (except as prorated for part time employees). An employee whose active duty spans two or more calendar years is entitled to receive 15 days paid military leave at the start of each new calendar year without consideration of holidays and without consideration of leave accrual until such time as the individual’s aggregate absence from work reaches 5 years, at which time it will be determined whether or not the individual is still covered by relevant federal law. TKG09192005