BLR’s Human Resources Training Presentations in Pennsylvania

1. BLR’s Human Resources Training Presentations in Pennsylvania Understanding Military Leave Laws

2. Goals • Understand federal laws governing military leave • Know the rights of employers and employees • Handle employment issues involving military leave appropriately • Understand Pennsylvania laws governing military leave

3. Military Service Leaves Are Protected by Law • USERRA • Discrimination prohibited • Retaliation prohibited

4. Eligibility Requirements • All uniformed services • Reserve units • National Guard • Corps of Public Health Service

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

6. Type of Service Covered • Active duty • Active duty for training • Inactive duty for training • Full-time National Guard duty • Fitness-for-duty exams • Funeral honors duty

7. Notice of Military Service Required • Advance written or verbal notice by employee • Notice given by military • No notice if impossible or unreasonable • No notice required for “military necessity”

8. Paid or Unpaid Leave? • USERRA requirements • Differential option • Time limitations

9. Length of Service and Exceptions • Initial period of obligated service • Inability to obtain release • Required training for National Guard and Reservists • Domestic emergencies related to national security

10. Length of Service and Exceptions (cont.) • War or national emergency • Volunteers supporting operational missions • Volunteers supporting critical missions • Federal service of National Guard

11. Reemployment: Time Limits For Returning to Work • Less than 31 days of leave: first full week of work • 31 to 180 days of leave: up to 14 days after service • 181 days or more: up to 90 days after service

12. Reemployment: Time Limits For Returning to Work (cont.) • Hospitalized employees: 2 years • Fitness-for-duty exam: first full workweek • Missed deadlines: treated as unexcused absence

13. Reemployment: Documentation • Required proof • Failure to provide proper documentation • Pension payments

14. Reemployment: Positions • Service for less than 91 days • Service for more than 90 days • Placement in a similar job • Escalator principle

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

16. Reemployment: Exceptions • Change in employer’s circumstances • Undue hardship • Brief preservice employment • Burden of proof on employer

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

18. Healthcare Benefits • USERRA: continuing coverage up to 18 months • Leave of 30 days or less • More than 31 days • Exclusions and waiting periods

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

20. Investigation and Enforcement • Complaints • Investigations • Enforcement • Private court actions

21. Remedies under the Law • Compliance with USERRA • Compensation for lost wages or benefits • Liquidated damages • Reasonable fees and expenses

22. Affirmative Action for Veterans • Federal contractors • Affirmative action notices • Federal contract obligations

23. Review: What You Can’t Do • Discriminate • Deny opportunities • Retaliate • Force use of vacation time • Refuse reinstatement • Take away benefits

24. Review: What You Should Do • Try to avoid schedule conflicts • Work with employees who take leave • Find out start and end dates of leave • Keep in touch with employees on leave • Help returning employees readjust

25. Military Leave Protected • Employees and job applicants covered • Private and public employers covered • National Guard and reserve duty covered

26. Leaves of Absence • Private employers • Public employers • Benefits

27. Reinstatement • Employee rights • Service-related disabilities • Less than honorable discharge

28. Goals • Understand federal laws governing military leave • Know the rights of employers and employees • Handle employment issues involving military leave appropriately • Understand Pennsylvania laws governing military leave

29. Summary • Employers may not discriminate • The law protects leave for military service • Employees who take military leave must be permitted to return to work • Employers with federal contracts may need affirmative action programs for veterans • Employers must comply with Pennsylvania’s laws governing military leave

30. Quiz 1. You can refuse to hire a job applicant because he or she is in the Reserves or National Guard. True or False 2. USERRA allows ______ years of cumulative, protected military leave. 3. Employees on military leave lose their benefits after being away from their jobs for 180 days. True or False 4. You must make ________ ________ for employees who return disabled from military leave.

31. Quiz (cont.) 5. You can require employees to use vacation time for military training. True or False 6. If an employee’s military leave lasts for more than ____ days, you cannot discharge that employee, except for cause, within one year after the date of reemployment. 7. Employees who file discrimination charges related to military leave may be suspended pending a hearing on the complaint. True or False

32. Quiz (cont.) 8. Identify at least two exceptions to the USERRA reemployment requirements. 9. Employees who take leave to serve in the military are entitled to continuation of health benefits. True or False 10. USERRA requires employers to pay employees for military leaves of less than 30 days. True or False

33. Quiz Answers 1. False. USERRA prohibits discrimination against employees or applicants because of military service. 2. USERRA allows five years of cumulative, protected military leave. 3.False. Employees’ benefits are protected during military leave. 4. You must make reasonable accommodation for employees who return disabled from military leave.

34. Quiz Answers(cont.) 5.False. You cannot force employees to use vacation time for military training. 6. Military leaves of more than 180 days mean you can’t discharge (except for cause) within one year after reemployment. 7. False. You cannot retaliate in any way against employees who file charges or other employees who assist in the investigation of the charges.

35. Quiz Answers (cont.) 8. You might not have to reinstate if an employee (1) was briefly employed with no reasonable expectation of long-term employment, (2) receives a less than honorable discharge, (3) fails to give reasonable notice of return, or (4) has service-related disabilities such that reemployment would impose a undue hardship on the employer. Another exception: The organization’s circumstances have changed, making reemployment impossible or unreasonable, such as after a major layoff or restructuring.

36. Quiz Answers (cont.) 9.True. USERRA says that employers can voluntarily continue coverage or offer employees continuation of coverage under a COBRA-like plan. 10. False. USERRA does not require employers to pay employees on military leave, regardless of the length of leave.