G.1.5.3 Military Leave

Marine Biological Laboratory
Policy No. G.1.5.3

Human Resources

Initiated by: Human Resources Director
Approved by: MBL Director
Date: June 2026
Distribution: MBL Community

Policy Statement

The MBL is committed to protecting the job rights of employees absent on military leave. In accordance with federal and state law, it is MBL's policy that no employee or prospective employee will be subjected to any form of discrimination on the basis of that person's membership in or obligation to perform service for any of the uniformed services of the United States. Specifically, no person will be denied employment, reemployment, promotion or other benefit of employment on the basis of such membership. Furthermore, no person will be subjected to retaliation or adverse employment action because such person has exercised his or her rights under applicable law or this policy. If any employee believes that he or she has been subjected to discrimination in violation of this policy, the employee should immediately contact Human Resources. 

Military Leave

Employees who require leave because of service in the uniformed services are eligible for leave in accordance with applicable state and federal law.  “Service in the uniformed services” means the performance of duty on a voluntary or involuntary basis in a uniformed service, including:

  • Active duty and active duty for training;
  • Initial active duty for training;
  • Inactive duty training;
  • Full-time National Guard duty;
  • Absence from work for an examination to determine a person’s fitness for any of the above types of duty;
  • Funeral honors duty performed by National Guard or Reserve members; and
  • Duty performed by intermittent employees of the National Disaster Medical System (NDMS).

The “uniformed services” consist of the Army, Navy, Marine Corps, Air Force and Coast Guard and each of their Reserves, the Army National Guard and Air National Guard, and the Commissioned Corps of the Public Health Service, as well as any other category of persons designated by the President in time of war or emergency.

A military leave of absence will be granted for service in the uniformed services, generally for up to five years. Employees who perform and return from service in the uniformed services shall have and retain such rights with respect to reinstatement, vacation, and compensation as may be from time to time provided by applicable federal and state law.

Notice

Unless military necessity prevents it, or is otherwise impossible or unreasonable, an employee should provide MBL with notice of the need for leave as far in advance as is reasonable under the circumstances. Written notice is preferred, but not required under the law or this policy.

Employees on military leave may, at their option, use accrued paid vacation time to receive pay during their absence. 

Reemployment

Upon an employee's prompt application for reemployment (as defined below), an employee will be reinstated to employment in the following manner depending upon the employee's period of military service:

Less than 91 days of military service – reinstated to a position that the employee would have attained if employment had not been interrupted by military service; or, if found not qualified for such position after reasonable efforts by MBL, in the position in which the employee had been employed prior to military service.

More than 90 days and less than 5 years of military service – reinstated to a position that the employee would have attained if employment had not been interrupted by military service or a position of like seniority, status and pay, the duties of which the employee is qualified to perform; or, if proved not qualified after reasonable efforts by MBL, in the position the employee left, or a position of like seniority, status and pay, the duties of which the employee is qualified to perform.

Employee with a service-connected disability - if after reasonable accommodation efforts by MBL, an employee with a service-connected disability is not qualified for employment in the position he or she would have attained or in the position that he or she left, the employee will be employed in another position of similar seniority, status and pay for which the employee is qualified or could become qualified with reasonable efforts by MBL; or, if no such position exists, in the nearest approximation consistent with the circumstances of the employee's situation.

Application for Reemployment  

An employee who has engaged in military service must, in order to be entitled to the reemployment rights set forth above, submit an application for reemployment to Human Resources according to the following schedule:

If service is less than 31 days (or for the purpose of taking an examination to determine fitness for service) - the employee must report for reemployment at the beginning of the first full regularly scheduled working period on the first calendar day following completion of service and the expiration of eight hours after a time for safe transportation back to the employee's residence.

If service is for 31 days or more but less than 181 days - the employee must submit an application for reemployment with Human Resources no later than 14 days following the completion of service. 

If service is over 180 days - the employee must submit an application for reemployment with Human Resources no later than 90 days following the completion of service. 

 

If the employee is hospitalized or convalescing from a service-connected injury - the employee must submit an application for reemployment with Human Resources no later than two years following completion of service.

Exceptions to Reemployment 

In addition to the employee's failure to apply for reemployment in a timely manner, an employee is not entitled to reinstatement as described above if any of the following conditions exist: 

  • MBL's circumstances have so changed as to make reemployment impossible or unreasonable, such as the employee’s position was eliminated in a reduction in force.
  • Reemployment would pose an undue hardship upon MBL.
  • The employee's employment prior to the military service was merely for a brief, non-recurrent period and there was no reasonable expectation that the employment would have continued indefinitely or for a significant period.
  • The employee did not receive an honorable discharge from military service.

Benefits

Employees should contact Human Resources regarding the impact of leave on benefits.

Coordination with Other Leaves

Leave time taken under this policy will run concurrent with any other leaves available for the same purpose under applicable state or federal law. 

Documentation  

MBL may, upon the employee's reapplication for employment, request that the employee provide MBL with military discharge documentation to establish the timeliness of the application for reemployment, the duration of the military service, and the honorable discharge from the military service, if applicable.

Guidelines

Employees do not accrue sick leave, vacation, and personal holidays during an unpaid leave.

Employees on a leave are expected to be reasonably responsive to and to communicate with the Human Resources Department during the leave.

Policy clarifications and updates are available from the Human Resources office.

MBL reserves the right to amend this policy at any time.