|
When duty calls: dealing with employees on military leave
by Gayla Sherry, BOL Guru
When an international crisis prompts the deployment of our armed forces, the military handles the logistics of moving tens of thousands
of men and women and their equipment with amazing efficiency. But as a military largely composed of citizen soldiers moves out, there is also work to be done by human resources professionals in the organizations the Guard and Reserve members left behind.
By early last April, more than 200,000 troops were deployed as part of Operation Iraqi Freedom, and tensions on the Korean
Peninsula caused the Pentagon to augment the forces already stationed in that part of the world. Not surprisingly, a recent poll conducted by the Society of Human Resources Professionals indicated that two-thirds of the organizations responding had employees called
for duty in the Guard and Reserves.
So back here at home, banks and their human resources officers have yet another dilemma: “How do I handle military leave?” Fortunately,
the rules are fairly straightforward and all of us want to do our best on behalf of those who serve our nation. Here are some
common questions and answers…
What is the governing regulation for military leave?
The Uniformed Services Employment and Reemployment Rights Act (USERRA) governs employer obligations regarding job entitlements, benefits and remedies for employees serving in the uniformed services. The intent of USERRA is to reduce disadvantages for employees called for duty.
Who is eligible for military leave?
All regular employees — full-time and parttime — are eligible for military leave whether the service is voluntary or involuntary. Temporary employees generally are not entitled to military leave.
What are the requirements for advance notice?
The employee called to service must provide advance written or verbal notice of the military orders, unless it is impossible, unreasonable or precluded by military necessity. In some cases, written orders may not be available until after deployment. In these situations, employers must accept initial verbal notices and require the written documentation as soon as it is available.
How long is a “military leave?”
The benefits prescribed by USERRA cover employees who are deployed for five years. This period can be extended during
national emergencies.
Do I have to hold the employee’s job open during the entire military leave?
If the employee’s length of military leave is 30 days or less, the employee must be returned to the same position with the bank, as if the employee had remained actively employed.
If the leave is longer than 31 days, the employee must be returned to a position of like seniority, status and pay.
Employers may choose to fill the position with a temporary employee, or even a full-time employee. However, the employee returning
from military leave may “bump” any employee hired to fill his/her previous position while on leave.
Must employers continue paying salaries and wages during military leave?
The regulations allow employers to have discretion over continuation of salaries and wages during leave, and the employer may
choose to only pay the difference between the salary and the military pay.
The exception to this discretionary choice is for exempt employees who work a portion of the workweek before deployment. In this
case, according to the Fair Labor Standards Act, an employer must pay the full salary for that workweek, less any military pay.
An added exception involves the ability for some employees to continue working while deployed, such as those stationed domestically
with access to e-mail. In these situations, an employer must continue to pay wages to those employees who complete work responsibilities
electronically while deployed, such as through e-mail and Internet.
Are employers required to continue health care coverage for employees who are deployed?
For military leave that is less than 30 days, the employee is entitled to health care coverage as if he/she were reporting to work. For
leaves greater than 30 days, the employee may elect health care coverage for up to 18 months, which is similar to COBRA benefits offered
when an employee leaves the bank. If the employee elects health care coverage, he/she may pay up to 102 percent of the full premium.
Do retirement benefits accrue for employees while on military leave?
Military leave is not considered a break in service; therefore, pension plans are protected for employees during military leave. Accordingly, the employer contributions and accrual continue as if the employee were at work.
Employers are not required to contribute to a defined contribution plan for employees during military leave. However, for employermatching plans, the employee may elect to contribute during military leave. If so, the employer must match those contributions.
Do employees on military leave accrue vacation and paid time leave?
If the bank grants vacation to all employees at a specific time of the year, such as January 1, the employee is entitled to that vacation time. However, if an employee earns vacation at a rate per month or pay period, the employee does not accrue vacation during military leave.
Employers are not required to accrue paid time leave (such as short-term sick leave) for employees during military leave. However, an
employer may not accrue paid leave differently for military leave and other non-statutory leaves, such as Family Medical Leave Act (FMLA.)
What are the employer requirements for employees returning to work after military leave?
As previously indicated, employees returning from military leave are entitled to return to the same position, or one that is similar in pay, status and seniority. If the employee’s leave is 30 days or less, the employee must return on the first regularly scheduled workday. If the leave is 31-180 days, the employee must return within 14 days. If the length of the military leave is greater than 180 days, the employee must return to work within 90 days.
If an employee fails to report to work according to these timeframes, the employee may be considered for reinstatement according to
the employer’s policies for unscheduled absences.
If the employee returns from military leave with a new disability resulting from military service, the employer must make reasonable
accommodations to return the employee to the same position held. If the employee cannot perform those duties with accommodation,
the employer must place the employee in a position with similar pay, status and benefits.
A final provision of USERRA requires that employers may not discharge an employee returning from military leave without cause
for a period of six months.
As with many human resources regulations, the “common sense” rule applies. Even though USERRA prescribes certain requirements,
the employer may exceed those requirements. As a practical matter, we must consider that a relatively small percentage of our
employees are called to duty. And, when they are called, we must remember they are called to actively serve our national interests. It seems only equitable that we treat employees on military leave with the utmost respect and provide full benefits and wages for employees and their families. After all, these employees are willing to serve our country and possibly make the ultimate sacrifice.
Gayla R. Sherry, SPHR, CMC, is President of Gayla R. Sherry Associates, Inc., an Oklahoma City area-based consulting firm specializing in human resources, organizational development, training, conflict resolution and workplace mediation.
First published on BankersOnline.com 06/28/04
Privacy Policy Disclaimer Recommend This Site ! Contact Us
BankersOnline is a free service made possible by the generous support of our advertisers and sponsors. Advertisers and sponsors are not responsible for site content. Please help us keep BankersOnline FREE to all banking professionals. Support our advertisers and sponsors by clicking through to learn more about their products and services.
|
|
|
|
