DEPARTMENT OF ADMINISTRATIVE & FINANCIAL SERVICES
BUREAU OF HUMAN RESOURCES
#4 STATE HOUSE STATION
AUGUSTA, ME 04333-0004

 

TO:  Agency Human Resource Representatives
FROM:  Phil Schlegel, Public Service Coordinator

SUBJECT: MILITARY LEAVE - Q & A SHEET NO. 2

Some military leave questions have recently come up that are not specifically covered in Civil Service Bulletin 11.16A, as follows:

Q:  If an employee is activated, when does military health insurance become effective?

A:  I have been provided the following information:  If a soldier is activated for more than 30 days, and DEERS is updated for the soldier and family members to reflect this, the soldier and family members are covered under TRICARE.  The soldier must enroll to TRICARE Prime.  The family members are automatically in TRICARE Standard.  The family members have the option to enroll to Martin's Point (similar to TRICARE Prime) or if the soldier is on orders for 179 days or more, the family may opt for TRICARE Prime.  They must enroll to TRICARE Prime.     http://tricare.osd.mil/reserve/default.htm 

Active duty soldiers may be entitled to transitional assistance if the soldier is separated from active duty to which called or ordered in support of a contingency operation if the active duty is for a period of more than 30 days. If the soldier has served less than 6 years total active service, the soldier and dependents are entitled to 60 days of transitional healthcare.  If the soldier has served 6 years or more total active service, the soldier and dependents are entitle to 120 days transitional healthcare.

The soldier and family members will automatically be disenrolled form TRICARE Prime upon release from duty (when orders end).   If they want to continue in TRICARE Prime for the transitional assistance, they must enroll again.  They need to enroll prior to the 20th of the month before the end of the orders to continue coverage. 

Service members will be briefed by a TRICARE representative coordinated by the state headquarters (this office) on how to access the "TRICARE" system for the service member and the Family Assistance Center will brief or coordinate the briefings for the family members. 

Q:  Is there a fixed period of time that an agency must provide between the time the employee leaves his or her position and the time military service actually commences?

A:  There is no fixed period of time that the agency must provide.  Nevertheless, the guiding principle is that an agency must authorize the use of vacation, compensatory time, personal leave days, or other authorized leave when it is the intent of the employee to use the time to prepare for his or her military service.  As a matter of policy, it is incumbent on an agency to permit a reasonable period of time, determined on a case-by-case basis, for an employee to prepare for his or her entry into military service.  This time should not be coded as military leave, but rather vacation, comp. time, personal leave, etc., as appropriate.

MILITARY LEAVE - Q & A SHEET NO. 2

Page 2

"Military Leave" will commence on the effective date reflected in the employee's military orders.

Q:  Is a State employee who is called to active military service eligible for leave with pay as provided in State law, the various bargaining agreements, and Civil Service Rules?

A:  Military leave is without pay unless the period of military leave, or part thereof, is specifically designated military training activity. [1]