© BLR ® —Business & Legal Resources 1410 How to Manage Military Leave

© BLR ® —Business & Legal Resources 1410 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

© BLR ® —Business & Legal Resources 1410 Family Military Leave FMLA Leave for qualifying exigency Leave for serious illness or injury

© BLR ® —Business & Legal Resources 1410 Eligibility Requirements: Family Military Leave Qualifying exigency Contingency operation Qualifying injury or illness

© BLR ® —Business & Legal Resources 1410 Qualifying exigency: reasonable and practicable Servicemember caregiver leave: same rules as FMLA Notice and Certification: Family Military Leave

© BLR ® —Business & Legal Resources 1410 Family Military Leave: Benefits Same as FMLA Substitution of paid leave No requirement to provide paid leave

© BLR ® —Business & Legal Resources 1410 Legal Protection For Military Leave USERRA Discrimination prohibited Retaliation prohibited

© BLR ® —Business & Legal Resources 1410 Eligibility Requirements For Military Leave Army, Navy, Air Force, Marines, Coast Guard Reserve units, National Guard Corps of Public Health Service

© BLR ® —Business & Legal Resources 1410 Exceptions to Eligibility Rules Other than honorable discharge AWOL Imprisonment by order of civilian court Situations involving court martial

© BLR ® —Business & Legal Resources 1410 Types of Service Covered Active duty Active and inactive duty for training Full-time National Guard duty Fitness-for-duty exams Funeral honors duty

© BLR ® —Business & Legal Resources 1410 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”

© BLR ® —Business & Legal Resources 1410 Paid or Unpaid Leave? USERRA requirements Differential option Time limitation on differential, if offered

© BLR ® —Business & Legal Resources 1410 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

© BLR ® —Business & Legal Resources 1410 Military Leaves: Multiple Choice Quiz How much notice must employees provide for USERRA- covered military leave? 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. Volunteer b.Are dishonorably discharged b. Seniority rights

© BLR ® —Business & Legal Resources 1410 Military Leaves Do you understand: F amily military leave? U SERRA protections and types of service covered? E ligibility requirements and exceptions? N otice requirements? C ompensation for military leave?

© BLR ® —Business & Legal Resources 1410 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

© BLR ® —Business & Legal Resources 1410 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

© BLR ® —Business & Legal Resources 1410 Required proof Failure to provide proper documentation Reemployment: Documentation Reemployment application is timely 5-year limit not exceeded Separation was not dishonorable

© BLR ® —Business & Legal Resources 1410 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

© BLR ® —Business & Legal Resources 1410 Reemployment: Positions (cont.) Placement in similar job if employee can’t qualify for old job

© BLR ® —Business & Legal Resources 1410 Reemployment: Disabilities Reasonable accommodation Equivalent position Alternate job

© BLR ® —Business & Legal Resources 1410 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

© BLR ® —Business & Legal Resources 1410 Rights and Benefits Furlough or leave of absence Seniority rights Rights and benefits not based on seniority Job protection Substitution of vacation leave FMLA

© BLR ® —Business & Legal Resources 1410 Healthcare Benefits Continuation of coverage for up to 24 months Premium payment Exclusions and waiting periods

© BLR ® —Business & Legal Resources 1410 Pension Benefits Vesting and accrual Employer contributions Employee contributions Calculation of compensation

© BLR ® —Business & Legal Resources 1410 USERRA Investigations And Enforcement Complaints Investigations Enforcement Private court actions

© BLR ® —Business & Legal Resources 1410 Court-Ordered Remedies Under USERRA Court-ordered compliance Compensation for lost wages or benefits Liquidated damages Reasonable fees and expenses

© BLR ® —Business & Legal Resources 1410 Return to Work: Q&A Q. A. 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

© BLR ® —Business & Legal Resources 1410 Return to Work Do you understand: R eemployment time limits and documentation? R ules for reinstatement? R easonable accommodation? E xceptions to reemployment rules? P rotection of employee rights and benefits? I nvestigations, enforcement, and court actions?

© BLR ® —Business & Legal Resources 1410 Discriminate Deny opportunities Retaliate Deny reemployment Take away rights or benefits Force use of vacation time DON’T

© BLR ® —Business & Legal Resources 1410 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

© BLR ® —Business & Legal Resources 1410 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