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Uniformed Services Employment and Reemployment Rights Act of 1994 USERRA

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Uniformed Services Employment and Reemployment Rights Act of 1994 USERRA

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    1. 1 Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)

    2. 2 Overview This law covers eligible employees who are voluntarily or involuntarily placed on extended active duty with the National Guard or the U.S. Armed Forces.

    3. 3 Types of Military Leave Extended Military Leave with Differential Pay Extended Unpaid Military Leave Paid military leave (limited to 15 days) Not discussed here See HOP policy 4.7.21 for details

    4. 4 1. Extended Military Leave with Differential Pay

    5. 5 Benefits Impacted by USERRA Health/Dental/Vision Insurance Retirement 403B and 457 Plans Medical/Dependent Flex Accounts AD&D Long Term Care Long Term and Short Term Disability Insurance Voluntary Group Term Life Service Months Leave Accruals

    6. 6 USERRA Impact on Benefits Health/Dental/Vision Insurance May elect to continue insurance for 24 months and pay the entire premium (not eligible for premium sharing). After 24 months, COBRA eligibility begins for additional 18 months. May elect to drop coverage for employee but maintain coverage for dependents.

    7. 7 Impact on Benefits (cont.) Retirement plans – contributions suspended for both TRS and ORP plans Optional 403B or 457 Retirement Plans – contributions suspended Medical/Dependent Flex Accounts – contributions suspended Long Term Care – may elect to continue insurance and be billed at employee’s home

    8. 8 Impact on Benefits (cont.) Accidental Death and Dismemberment (AD&D) May elect to continue insurance and pay entire premium Not eligible for premium sharing NOTE: there are specific exclusions for injuries or death that may occur as a result of active duty.

    9. 9 Impact on Benefits (cont.) Long Term Disability May elect to continue insurance for 2 months only. After 2 months coverage is cancelled. NOTE: There are specific exclusions for disability coverage (Disability caused by, contributed to, or results from an Act of War). Short Term Disability – NOT eligible for continued coverage Voluntary Group Term Life May retain coverage for employee and dependents If employee coverage is cancelled, dependent coverage must also be cancelled.

    10. 10 Impact on Benefits (cont.) Service Months Will be eligible to continue to accrue months of service Leave Accruals Not eligible for leave accruals until employee returns (current balances are frozen). Not required to use leave to cover their absence.

    11. 11 2. Extended Unpaid Military Leave Same HR Benefits as Extended Military Leave with Differential Pay Difference: Military pay is higher than HSC pay. In that case, there is no differential pay.

    12. 12 Important Criteria Reinstatement from Extended Military Leave and its impact on benefits both for unpaid and paid (differential pay) Reemployment after termination (break in service) Reporting back-to-work dates Special provisions Reinstatement clauses

    13. 13 Reinstatement from Extended Military Leave (both kinds) & Impact on Benefits Coverage reinstated immediately with no waiting period for: Health/Dental/Vision Insurances Medical/Dependent Flex Accounts Accidental death and dismemberment insurance Both long and short term disability insurance Voluntary group life insurance coverage

    14. 14 Reinstatement from Extended Military Leave (both kinds) & Impact on Benefits (cont.) TRS and ORP Retirement plans Employee must be allowed to make up any missed contributions to either TRS or ORP Employee has a period of time equal to 3 times the period of military leave to a maximum of 5 years to make up missed contributions. Deposits of the University’s contributions toward applicable retirement plans will be made within 90 days of reinstatement.

    15. 15 Reinstatement from Extended Military Leave (both kinds) & Impact on Benefits (cont.) 403B or 457 Plans Employee will be allowed to make up any missed employee contributions or elective deferrals either in whole or in part (without interest). Employee can use time equal to 3 times the length of military service not to exceed 5 years to make up missed contributions or elective deferrals.

    16. 16 Reinstatement from Extended Military Leave (both kinds) & Impact on Benefits (cont.) Service Months Will have service months corrected to cover the period of military activation. Leave Accruals Frozen leave balances are unfrozen and reinstated on employee’s record

    17. 17 Reemployment after Termination (break in service) Specific return dates apply depending on the length of military service

    18. 18 What does the former employee need to bring when they returning/applying for reemployment? Copy of the DD214 (if available), or A copy of the employee’s endorsed orders ,or A letter from the commanding officer indicating character of service.

    19. 19 Report Back to Work Dates Report back to work dates vary depending on length of military service: Less than 31 days More than 30 days but less than 180 days More than 180 days Up to 2 years for service-related injury or illness

    20. 20 Report Back to Work Dates Less than 31 days: Report back by beginning of the first regularly scheduled workday that occurs 8 hours after the employee returns home.

    21. 21 Report Back to Work Dates (cont.) More than 30 days but less than 180 days Must submit an application for reemployment with the HSC (employer) no later than 14 days after completion of the period of military service.

    22. 22 Report back to work dates (cont.) More than 181 days Former employee must submit an application for reemployment with the employer no later than 90 days after completion of the period of military service.

    23. 23 Report back to work dates (cont.) Service connected injury/illness Deadline to reapply for employment is extended to 2 years for those hospitalized or convalescing due to service connected illness or injury. Special NOTE: Reasonable accommodation may be required to comply with Americans with Disabilities Act.

    24. 24 Special Provisions If employee is on Leave of Absence of less than 91 days, employee is entitled to the job he/she would have attained provided the person is qualified for that job. Employee is eligible for any salary increases (across the board, legislative, etc.,) that were given to colleagues or those with equal status. Employee cannot be terminated before 1 year unless it is for cause.

    25. 25 Reinstatement Provisions Reinstatement must be to the same or an equivalent job at the same level of seniority, status, and pay, providing: The job was not temporary in nature. The total length of military service was 5 years or less. The employee was honorably discharged (proof required).

    26. 26 To help you deal with all this… We are proposing: Use of an informational packet, outlining the rights and responsibilities for both employee and the institution. Use of a web-based USERRA leave form that can be filled out online and printed for appropriate signatures prior to submitting to HR.

    27. 27 Peoplesoft Entries Loretta Myles is here to answer your questions regarding PeopleSoft and the specific entries for USERRA. Does anyone have any questions on the Military Leave policy for me?

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