Military Leave, Call up for Active Duty

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Prepared by:  Valiria Willis

Adopted by Council: 5/26/2005   

Effective: 5/26/2005

Supersedes:  2/12/2004


Town of Cary employees who are military reservists and National Guard members are subject to call-up for active duty. The purpose of this policy is to ensure that the Town is in compliance with Federal Law and to show support for employees who serve in the reserves or National Guard.


This policy applies to any regular or probationary employees of the Town of Cary . Temporary employees are not covered by this policy or by the Federal laws governing reinstatement.


1. The Town will reinstate any covered employee returning with a certificate that shows satisfactory completion of service up to 60 months of active duty as prescribed by Federal law. The employee must inform the Town of a desire to return to work within the required time limits as set forth by the Federal law and will be extended up to two years for employees who are hospitalized or convalescing because of a service-connected injury or illness.

2. The Town will make up the difference, if any, between military base pay and Town base pay up to one year, providing service continues to be required of the employee. The Town Manager may elect to extend this period beyond one year. During any extended period, the Town Manager may choose to make up all or part of the difference in pay based on the employee’s length of service or other relevant criteria. The employee must provide an estimate of military base pay as soon as possible. The employee must confirm his/her military base pay, in writing, within 45 days of beginning active duty.

3. The Town will make normal deductions and/or contributions based on this difference in pay for taxes, FICA, and 401(k). In addition, an employee will be allowed to make up any voluntary contributions that would have been made during the call-up period, and the Town will make up the employer 401(k) contribution that would have been made during the same period upon eligible return to service, as prescribed by Federal law.

4. Employee and dependent medical and dental insurance coverage may be continued for up to 24 months. The Town will continue to supplement the premiums for health and dental insurance for up to one year. The employee will continue to be responsible for payment of their portion of dependent premiums, if applicable. Health and/or dental premiums will be deducted from any pay difference check provided there is sufficient money to cover the deductions.

5. The employee may also elect to change the level of coverage provided the change takes place within 30 days of the call-up.

6. Town provided life insurance remains in effect according to the provisions of the group policy in effect at the time of the call-up.

7. Should any portion of this policy ever conflict with Federal law, then that law shall take precedence over that portion of Town policy.

An employee being called to active duty should immediately contact his/her supervisor and the Human Resources Department.

To receive or maintain the benefits described above, the employee shall complete a Request for Leave Due to Military Call-Up memorandum that can be obtained from the Human Resource Department.