Human Resources

Military Leave Facts

• Who is eligible for Military Active Duty Leave?
• I have received my official military orders to report for military active duty. To whom should I report this?
• What period of time does my Military Active Duty Leave cover?
• Can I use my 30 days of Military Reserve Leave consecutively after my 30 days of Military Active Duty Leave have been exhausted?
• What happens after the 30 calendar days have passed?
• How will I receive the difference in compensation?
• May I use annual time to cover once my 30 days of military active leave have been exhausted?
• Will my status, leave time, longevity, anniversary dates or seniority change?
• Who should I contact about my payroll deductions?
• Will I receive service credit with the Florida Retirement System (FRS) for the period of my military active duty?
• Can I make changes to my insurance benefits, spending accounts (Health Care and Dependent care), and deferred compensation contributions before I leav
• Will the County continue paying its insurance contribution if I am in a no pay status?
• Who will notify me of what premiums, if any, I need to pay while in a no pay status?
• May I cancel insurance coverage for my dependent (s) while on military leave?
• If I request cancellation of insurance while on active duty, or if coverage is cancelled for non payment of premiums, may I request reinstatement upon
• Is life insurance payable to my beneficiaries if I die while on duty?
• Who do I call for more information?
• Upon completion of my military service, when must I return to work?

Who is eligible for Military Active Duty Leave?

The following table outlines which employee status codes are eligible:

Eligible Employees for Military Active Duty Leave
Employee Status Code	Description	Eligible/ Ineligible
AA	Permanent	Eligible
AB	Probational	Eligible
AC	Exempt	Eligible
AD	Temporary	Ineligible
AE	Part-time	Eligible
AF	Trainee	Eligible
AG	Seasonal	Ineligible
AH	Emergency	Eligible
AI	Probation Extended	Eligible
AJ	Substitute	Eligible
AM	Part-time Temporary	Ineligible
AR	Work Experience	Ineligible
AT	Temporary Classified	Eligible
AU	Pollworker	Ineligible
AW	Farmworker Trainee	Ineligible

Eligible employees must either:

1. Be a member of the Armed Forces Reserve or the National Guard and be activated or whose active duty is extended during a period when an appropriate public official declares a state of emergency during peacetime; OR
2. Enter the Armed Forces during a period of declared war between the United States and a foreign government; OR
3. Be called to active duty in the Armed Forces or National Guard during wartime; OR
4. Be ordered to duty out of the country.
   

 

I have received my official military orders to report for military active duty. To whom should I report this?

You must present official orders, when available, and a Leave Request to your supervisor.  A copy of the official orders will be sent with your Payroll and Attendance Record (PAR) form to Human Resources for processing.

What period of time does my Military Active Duty Leave cover?

In addition to the 30 days of Military Reserve Leave, a maximum of 30 days of paid Military Active Duty Leave may be granted each time an employee is called to active duty.  To be eligible for more than one paid 30 day Military Active Duty Leave period in one fiscal year, the employee must have returned to work between deployments.  Employees whose deployment overlaps fiscal years will be granted a maximum of 30 days of Military Active Duty Leave at the beginning of each fiscal year.

Can I use my 30 days of Military Reserve Leave consecutively after my 30 days of Military Active Duty Leave have been exhausted?

Yes, Military Reserve Leave and Military Active Duty Leave are two distinctly different types of leave and are not interchangeable.  Military Reserve Leave (MR) is designed to pay the employee his/her normal salary for the two weeks summer camp or other training.  Military Active Duty Leave pays the employee for up to 30 days during a state of emergency or time of war. For example, if an employee is called to military active duty for six months commencing March 1, his/her 30th day of military active duty leave will be March 30th.  On March 31st, military reserve leave, though it may be available, may not be used.  Military reserve leave cannot be used to cover for any of the period during which the employee is on military active duty.  The converse also applies.

What happens after the 30 calendar days have passed?

Customarily, upon expiration of the 30 days Military Active Duty Leave, if the employee did not return to work, he/she would have been placed in a Military Leave of Absence status until his/her return.  However, on September 25, 2001, the Board of County Commissioners passed Resolution R-1059-01 authorizing additional compensation to County employees on active military duty as a result of the United States’ response to the terrorist attacks of September 11, 2001.

How will I receive the difference in compensation?

Upon receipt of copies of your military pay stub, the additional compensation will be paid to you. It is preferable for us to receive your military pay stubs at the end of every military pay period. We will be unable to process request for payments without these pay stubs.  These should be forwarded to:

     Ms. Melanie McLean, HR Section Manager
     Human Resources
     Administrative Services Division
     111 NW First Street, Suite 2010
     Miami, Florida 33128

Alternatively, they may be faxed to (305) 375-5247 or e-mailed to melanie@miamidade.gov. The calculation of the supplement is based on the difference between your net military pay, excluding allowances, and your net County pay, including any pay exceptions to which you were entitled.

May I use annual time to cover once my 30 days of military active leave have been exhausted?

Once the 30 days of military active duty leave have been exhausted, the employee may use his/her accrued leave time.  However, per US Code Title 38, Section 4316(d), an employee’s consent must be given in order for the employee’s annual leave to be used.  Therefore, a leave request form specifying the amount, type of leave (annual, holiday or compensatory) and dates to be covered MUST be submitted to his/her supervisor for approval.

Will my status, leave time, longevity, anniversary dates or seniority change?

No.  You will remain in active status, earn pay periods, and accrue sick and annual leave. In other words, status, anniversary, and leave conversion dates will not change.  Longevity bonus awards will be paid when due, sick to annual leave conversion will occur, and you will be eligible for merit increases.  In the event that a County observed holiday falls during the period that you are on active military duty, you will be able to accrue the holiday leave.  However, if you exceed the maximum allowable holiday leave time, you will be paid for the holiday.  Military service time is considered creditable service for layoff retention purposes.  Should a layoff occur, there will be no break in your seniority calculations, therefore you will be treated as if you had been physically in the workplace.  Should your annual leave balance exceed the maximum allowable limit on your leave anniversary date, you will not lose the excess hours.  The leave hours will be preserved, and upon your return from active duty service, you will have at least one year from your return date to use the excess annual leave.

Who should I contact about my payroll deductions?

Should you have any questions or concerns about payroll deductions, please contact Ms. Melanie McLean in the Administrative Services Division at (305) 375-4011.  If you have questions specifically related to garnishments, please contact Ms. Claudia Garcia in the Finance Department at (305) 375-5080.   In the event that you have an existing overpayment or are overpaid during the course of your deployment, the overpayment procedures governed by your collective bargaining unit will be followed, provided your supplemental pay is sufficient to cover the repayment installments.

Will I receive service credit with the Florida Retirement System (FRS) for the period of my military active duty?

Yes, upon your return from military active duty, you must send a copy of your DD214 to Human Resources in order to receive service credit for the period of military active duty.  If you remained in partial pay status during your period of military active duty, you will have already received service credit for the period you were out.  However, you must still send in your DD214 so that Human Resources can provide payroll information to FRS and ensure that your service is credited at your full rate of pay.  The mailing address for all DD-214 correspondence is:

Miami-Dade County
Human Resources
111 NW 1st Street, Suite 2010Miami, Florida, 33128
Attn: Marina Boucugnani

Additional information concerning FRS benefits may be obtained on-line at:  http://dms.myflorida.com/human_resource_support/retirement.

Can I make changes to my insurance benefits, spending accounts (Health Care and Dependent care), and deferred compensation contributions before I leav

Yes, if you wish to change your insurance or spending account benefits you must complete a Change in Status Form and fax it along with a copy of your military orders to the Benefits Administration Unit. Additional benefits information may be obtained on-line at www.miamidade.gov/benefits.

If you wish to make changes to your deferred compensation contribution, you can do this by logging on to your provider’s website, calling your provider’s customer service number or by submitting a change form for your applicable provider and forwarding it for processing to:

Internal Services
Benefits Administration Unit
111 NW 1st Street, Suite 2340,
Miami, Florida 33128.

You can obtain change forms by calling the Benefits Administration Unit at (305) 375-5633 or (305) 375-4288 or by downloading the form from their website http://www.miamidade.gov/benefits/.  Any questions concerning your deferred compensation accounts can be directed to your provider by calling customer service or logging on to their website: 
NACO/Nationwide Retirement Solutions at (877) 677-3678 or https://www.nrsservicecenter.com/iApp/ret/content/landing.do?Role=None&Site=MiamiDade457 or ICMA Retirement Corporation at (800) 669-7400 http://www.icmarc.org/xp/plans/miamidade/.

 

Will the County continue paying its insurance contribution if I am in a no pay status?

Yes, the County will continue paying its contribution.  However, if you are enrolled for dependent insurance, the Point of Service (POS) medical plan, enriched dental plan, Optix vision or optional life, you will need to remit the bi-weekly premium that is deducted from your pay check to the Benefits Administration Unit in order to assure continuation of coverage.

Who will notify me of what premiums, if any, I need to pay while in a no pay status?

Your Departmental Personnel Representative will provide you with a leave of absence benefits package and remittance form.  This will identify the premiums you will need to pay in order to maintain coverage and give you the option of what benefits, if any, you wish to cancel.

May I cancel insurance coverage for my dependent (s) while on military leave?

Yes, you may cancel coverage for your dependents within 45 days of being placed on military leave. You need to submit a completed Flexible Benefits Change in Status Form and Insurance Status Change Form to the Benefits Administration Unit.  Contact your Departmental Personnel Representative to obtain these forms.

If I request cancellation of insurance while on active duty, or if coverage is cancelled for non payment of premiums, may I request reinstatement upon

Yes, you must request reinstatement within 45 days from return to work.  There is no waiting period after the request is received.

Is life insurance payable to my beneficiaries if I die while on duty?

Yes, group basic life insurance and optional life, if enrolled, are payable for death from any cause.  Accidental Death and Dismemberment benefits are not payable for death/injuries due to acts of war (declared or undeclared).

Who do I call for more information?

Contact your Departmental Personnel Representative.

 

Upon completion of my military service, when must I return to work?

The time period for returning to work depends on the duration of your military service and receiving an honorable discharge.

For periods of military service of 1 to 30 days:  You must report back to work at the beginning of the first regularly scheduled work day that falls at least eight hours after the end of the employee’s military service, including allowance for safe return travel.

For periods of military service of 31 to 180 days:  You must report to work within 14 days after completing your military service.

For periods of military service of 181 days or more:  You must return to work no later than 90 days after completing your military service.

All of these periods are customarily extended to two years if you are hospitalized or are slow to return to health because of an injury incurred or aggravated during your military service. Situations where the period extends beyond two years will be reviewed on a case by case basis.

Should you decide not to return to work immediately, you must notify your supervisor and submit a leave request form to authorize the use of your annual, holiday or compensatory time to cover the absence.  As soon as your discharge papers become available, they should also be submitted to your supervisor.

Should you have any questions concerning this information or relating to your employment with the County, please contact Ms. Melanie McLean at (305) 375-4011.

Back to Top Page Last Edited: Thu Oct 6, 2011 11:17:25 AM