How to Manage Military Leave

1. How to Manage Military Leave

2. 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

3. Family Military Leave • FMLA • Leave for qualifying exigency • Leave for serious illness or injury

4. Eligibility Requirements:Family Military Leave • Qualifying exigency • Contingency operation • Qualifying injury or illness

5. Notice and Certification: Family Military Leave • Reasonable and practicable • Employer may request certification • Reasonable and practicable • Employer may request certification

6. Family Military Leave: Benefits • Same as FMLA • Substitution of paid leave • No requirement to provide paid leave

7. Legal Protection For Military Leave • USERRA • Discrimination prohibited • Retaliation prohibited

8. Eligibility Requirements For Military Leave • Army, Navy, Air Force, Marines, Coast Guard • Reserve units, National Guard • Corps of Public Health Service

9. Exceptions to Eligibility Rules Other than honorable discharge AWOL Imprisonment by order of civilian court Situations involving court martial

10. Types of Service Covered • Active duty • Active and inactive duty for training • Full-time National Guard duty • Fitness-for-duty exams • Funeral honors duty

11. 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”

12. Paid or Unpaid Leave? • USERRA requirements • Differential option • Time limitation on differential, if offered

13. Length of Service And Exceptions • 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

14. Military Leaves: Multiple Choice Quiz a. 30 days How much notice must employees provide? USERRA provides guidelines concerning: The law doesn’t protect jobs of workers who: USERRA prohibits: b. Reasonable notice a. Reemployment b. Replacements a. Volunteer b.Are dishonorably discharged a. Discrimination b. Seniority rights

15. Military Leaves • Do you understand: • Family military leave? • USERRA protections and types of service covered? • Eligibility requirements and exceptions? • Notice requirements? • Compensation for military leave?

16. 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

17. 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

18. Reemployment: Documentation • Required proof • Failure to provide proper documentation Failure to provide proper documentation Required proof

19. 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

20. 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 employee position

21. Reemployment: Disabilities • Reasonable accommodation • Equivalent position • Alternate job

22. 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 • 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

23. Rights and Benefits • Seniority rights • Rights and benefits not based on seniority • Job protection • Substitution of vacation leave

24. Healthcare Benefits • Continuation of coverage for up to 24 months • Premium payment • Exclusions and waiting periods

25. Pension Benefits • Vesting and accrual • Employer contributions • Employee contributions • Calculation of compensation

26. USERRA Investigations And Enforcement • Complaints • Investigations • Enforcement • Private court actions

27. Court-Ordered Remedies Under USERRA • Court-ordered compliance • Compensation for lost wages or benefits • Liquidated damages • Reasonable fees and expenses

28. Return to Work: Q&A Q. How long can workers on leave continue health coverage? A. 24 months Q. Do pension benefits stop vesting and accruing during military leave? A. No, they vest and accrue as normal Q. What if an employer violates USERRA? A. It will be ordered to comply with the law and may have to pay the employee compensation, damages, and court costs

29. Return to Work • Do 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?

30. DON’T Discriminate Deny opportunities Retaliate Deny reemployment Take away rights or benefits Force use of vacation time

31. DO Try 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

32. Key Points to Remember • USERRA tries to make military leave less disruptive for employees and employers • We can’t deny eligible workers military leave or refuse to reemploy them following leave • Employees’ jobs and benefits are protected • We must accommodate service-related disabilities • Violations of the law can result in government investigations and lawsuits