how to manage military leave

How to Manage Military Leave

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Session Objectives Identify requirements of federal military leave law

Understand rights and responsibilities of employees and the organization

Inform employees about leave procedures

Handle return-to-work issues appropriately

Help ensure compliance with law


Family Military LeaveFMLA• Leave for qualifying

exigency• Leave for serious

illness or injury


Eligibility Requirements:Family Military Leave• Qualifying exigency

• Contingency operation

• Qualifying injury or illness


• Reasonable and practicable

• Employer may request certification

Notice and Certification: Family Military Leave• Reasonable and practicable

• Employer may request certification


Family Military Leave: Benefits• Same as FMLA

• Substitution of paid leave

• No requirement to provide paid leave


Legal Protection For Military Leave• USERRA

• Discrimination prohibited

• Retaliation prohibited


Eligibility Requirements For Military Leave• Army, Navy, Air

Force, Marines, Coast Guard

• Reserve units, National Guard

• Corps of Public Health Service


Exceptions to Eligibility Rules

Other than honorable discharge

AWOL

Imprisonment by order of civilian court

Situations involving court martial


Types of Service Covered• Active duty

• Active and inactive duty for training

• Full-time National Guard duty

• Fitness-for-duty exams

• Funeral honors duty


Notice of Military Service Required by Law• Advance written

or verbal notice by employee

• Notice given by military

• No notice required if impossible or unreasonable

• No notice required for “military necessity”


Paid or Unpaid Leave?• USERRA

requirements

• Differential option

• Time limitation on differential, if offered


• Time to complete initial period of obligated service

• Inability to obtain release• Required training for National Guard

and Reservists• Domestic emergencies related to

national security

• Time to complete initial period of obligated service

• Inability to obtain release• Required training for National Guard

and Reservists• Domestic emergencies related to

national security

Length of Service And Exceptions


Military Leaves: Multiple Choice Quiz

How much notice must employees provide?

USERRA provides guidelines concerning:

The law doesn’t protect jobs of workers who:

USERRA prohibits: a. Discrimination

a. 30 days

a. Reemployment

b. Reasonable notice

b. Replacements

a. Volunteerb. Are dishonorably

discharged

b. Seniority rights


Military LeavesDo you understand:• Family military leave?• USERRA protections

and types of service covered?

• Eligibility requirements and exceptions?

• Notice requirements?• Compensation for

military leave?


Reemployment: Time Limits for Return to Work• Less than 31 days

of leave—beginning of first full work period after service

• 31 to 180 days of leave—up to 14 days after service

• 181 days or more—up to 90 days after service


Reemployment: Limits for Return to Work (cont.)

• Hospitalized employees—2 years

• Fitness-for-duty exam—first full work period after exam completed

• Missed deadlines—treated as unexcused absence


Required proofFailure to provide proper documentation

Reemployment: Documentation

• Required proof

• Failure to provide proper documentation


Reemployment: Positions• Service for less than

91 days—job would have held if continuous employment

• Service for 91 days or more—job would have held or equivalent


Reemployment: Positions (cont.)

• Placement in similar job if employee can’t qualify for old job

• Escalator principle—job employee “would have held” if continuous employment


Reemployment: Disabilities• Reasonable

accommodation

• Equivalent position

• Alternate job


• Change in employer’s circumstances

• Service disability and undue hardship

• Brief, nonrecurrent preservice employment

• No reasonable notice of the desire to return

• Burden of proof on employer

Reemployment: Exceptions• Change in employer’s circumstances

• Service disability and undue hardship

• Brief, nonrecurrent preservice employment

• No reasonable notice of the desire to return

• Burden of proof on employer


Rights and Benefits• Seniority rights

• Rights and benefits not based on seniority

• Job protection

• Substitution of vacation leave


Healthcare Benefits• Continuation of

coverage for up to 24 months

• Premium payment• Exclusions and

waiting periods


Pension Benefits• Vesting and accrual

• Employer contributions

• Employee contributions

• Calculation of compensation


USERRA Investigations And Enforcement• Complaints

• Investigations

• Enforcement

• Private court actions


Court-Ordered Remedies Under USERRA• Court-ordered

compliance

• Compensation for lost wages or benefits

• Liquidated damages

• Reasonable fees and expenses


Return to Work: Q&AQ.A.

A.

A.Q.

Q.

How long can workers on leave continue health coverage?24 months

Do pension benefits stop vesting and accruing during military leave?No, they vest and accrue as normal

What if an employer violates USERRA?It will be ordered to comply with the law and may have to pay the employee compensation, damages, and court costs


Return to WorkDo you understand:• Reemployment time limits and

documentation?• Rules for reinstatement?• Reasonable accommodation?• Exceptions to

reemployment rules?• Protection of employee

rights and benefits?• Investigations, enforcement,

and court actions?


Discriminate

Deny opportunities

Retaliate

Deny reemployment

Take away rights or benefits

Force use of vacation time

DON’T


DOTry to avoid schedule conflicts

Work with employees to facilitate leaves

Find out start and end dates of leave

Keep in touch with employees on leave

Help returning employees readjust to workplace


Key Points to RememberUSERRA tries to make military leave less disruptive for employees and employersWe can’t deny eligible workers military leave or refuse to reemploy them following leaveEmployees’ jobs and benefits are protectedWe must accommodate service-related disabilitiesViolations of the law can result in government investigations and lawsuits

how to manage military leave

Documents

law business legal reports

illness business legal

injury business legal

notice of military service

legal protection

military leavearmy

military leavesdo

family military leavefmlaleave