Personnel Policies Manual

  1. It is the policy of the Nation to grant leave as necessary for members of Uniformed Service or Armed Forces in compliance with applicable laws.

    1. Activation for Military Service

      1. A regular status employee who is an active member of the Army National Guard or Air National Guard, and/or member of the Army, Marine Corps, Navy, Air Force and Coast Guard Reserve, including retired and inactive reserve members shall be granted military leave upon request.
      2. When a member is ordered to active duty status, he/she shall provide a copy of activation orders from their unit being activated when requesting military leave.
      3. When a member is deactivated and discharged, he/she shall request for re-employment within time allowed in B. 1. below, submit a copy of orders, and shall return to the same position he/she was assigned to before going on leave with the same employer. At no time shall the Veteran be displaced in accordance with applicable laws regarding returning Veterans.
      4. If his/her position was eliminated or transferred to another worksite location, he/she shall be offered an equivalent position within the same worksite location with the same seniority, status and pay as before he/she went on military leave.

    2. State Activation and/or Ordered for Training for National Guard and Reserve, or as an intermittent disaster response appointment.

      1. A regular status employee who is an active member of the Army National Guard or Air National Guard, and/or member of the Army, Marine Corps, Navy, Air Force and Coast Guard Reserve shall be granted military leave upon request.
      2. When the Governor of the State activates a National Guard unit where member is serving for State emergency, an intermittent disaster response appointment, and/or unit commander orders unit or individual training, he/she shall provide a copy of orders when requesting military leave.
      3. When the Reserve Branch or unit commander orders unit or individual training, he/she shall provide a copy of orders when requesting military leave.
      4. Employees requesting military leave are entitled to 15 calendar days a year with pay. Military leave shall be 15 calendar days in duration. All other leave requests longer than 15 calendar days for basic training, technical/tactical advance training or other specialized training in their career field shall also be granted without pay, and 2.a., above shall apply.
      5. An employee who is a member of the Reserves or National Guard serving an active military duty which extends into a second or succeeding leave year may accrue and use the 15 calendar days of military leave which accrue at the beginning of the second leave year and each succeeding leave year without return to civilian status.
      6. Monthly weekend training (drill) shall not be considered military leave. When a member has to make up their drill during weekdays, he/she shall request for annual leave or other form of leave, not military leave.

      7. There are two conditions under which an employee is entitled to an additional 22 workdays of military leave.

        1. Reservist or National Guard members who perform military duty in support of civil authorities in the protection of life and property are eligible for an additional 22 workdays of military leave.
        2. Employees who perform full-time military service as a result of a call or order to active duty in support of a contingency operation are entitled to 22 workdays of military leave.

    1. Eligible National Guard and Reserve members shall be granted re- employment rights as follows:

      1. Service of less than 31 calendar days. Employee must report to work on the next regularly scheduled work period after discharge from active military duty.
      2. Service of more than 30 calendar days but less than 181 calendar days. Employee must make a request for re- employment no later than 14 calendar days after he/she is discharged from active military duty.
      3. Service of more than 180 calendar days. Employee must submit a request for re-employment no later than 90 calendar days from date of discharge from active military duty or within one (1) year of service-related hospitalization.

    2. Failure to meet deadlines for reporting back to work.

      1. An employee who fails to report back to work or submit a written application for re-employment is subject to the Personnel Policies which state an employee shall be separated from employment if absent without excuse for three (3) calendar days, except in instances where returning to work is unreasonable or impossible due to no fault of the employee.
      2. Upon release from active military duty, an employee with services as outlined in 1.b. and c. above must provide written notice to their immediate supervisor of their intention to return to work within five (5) working days.
      3. The employee must inform their immediate supervisor of extended active military duty within five (5) calendar days of receiving military orders.
    3. The employee must not have been released with a dishonorable or less than honorable discharge.
    4. The cumulative length of absence from work for active military duty and retain eligibility for re-employment rights is five (5) years (with some exceptions).
    5. The reporting deadline may be extended up to two (2) years when a Veteran or service member is hospitalized or is convalescing from injuries received during military service or training, or an existing disability aggravated during military service or training.
    6. Returning Veterans and service members shall be re-employed in the same job as if they had remained continuously employed, with the same seniority, status and pay as before he/she went on military leave.

    1. When an employee has been absent for more than 31 calendar days, the employer has a right to request documentation to prove that:

      1. the employee’s application is timely;
      2. the employee has not exceeded the service limitation; and
      3. that the employee did not leave the service for any disqualifying reason, such as dishonorable discharge.
    2. The employer may not deny re-employment if the necessary documentation is not readily available. However, if re-employment documentation becomes available proving that the employee has not met the re-employment qualifications, the employee shall be terminated.

    1. An employee performing active military duty is protected from reduction-in-force (RIF) and may not be discharged from employment, except for just cause. The length of protection is based on the length of military service.

      1. If the employee’s military service was more than 180 calendar days, the employee cannot be discharged within one (1) year after the date of re-employment.
      2. If the employee’s service was between 30 and 180 calendar days, the employee cannot be discharged within 180 calendar days after the date of re-employment.
    1. A regular status employee who voluntarily enlists or re-enlists in the U.S. Armed Forces shall resign from Nation employment.
    2. Enlistment in the U.S. Armed Forces is considered full-time employment. Military leave does not apply and shall not be granted.
    1. A Veteran who is discharged under honorable conditions will be granted administrative leave with pay to perform Military Funeral Honors Detail during the workweek.
    2. An employee participating in the Military Funeral Honors Detail must submit an administrative leave request form to the Navajo Nation Department of Veterans Affairs Central Administration and/or Agency Offices for verification of his/her participation. The employee must also acquire written approval from his/her immediate supervisor.
    3. The employee shall only be compensated by the program/department for which he/she is employed. He/she shall not accept or be authorized any other compensation.