With the potential threat of military action, we have received several questions regarding employee military leave.  The following should help clarify what you as the employer are and are not required to do if such a need arose.

The Uniformed Services Employment and Re-employment Rights Act (USERRA) establishes employment rights for uniformed service and reemployment, prohibits discrimination in employment and promotion decisions, and preserves seniority and other benefits.  While not exhaustive, the following points summarize employer requirements and rights.

• Employees must be allowed time off to attend scheduled drills and annual training.  As the employer, you have the right to appropriate notice from the employee prior to their absence.   
• An employee that is on a military leave, who does not exceed the five-year cumulative service limit, must be reemployed in the job that they would have attained had they not been absent.  This also includes seniority, promotion, and benefit rights for the returning employee.  The employer must assist the returning employee with requalifying for the position through training and assistance if requirements have changed during the leave.
• The employer is not required to pay for any military leave but may request (not require) the employee to use available paid vacation leave during the absence.

• Employee on leave for less than 30 days must receive all benefits as regular active employees. 
• Employees who are absent for 31 days or more must be given the opportunity to continue medical/dental coverage at their own expense for up to 18 months (similar to COBRA). 
• Returning employees must be immediately reinstated to benefits with no wait period.
• Vacation and sick leave days do not accrue while on leave.  

• Service of 1 to 90 days: employee must return to same job.
• Service of over 90 days: employee must return to same or like position.

Return to work:

• Service of 1 to 30 days: employee must begin on next scheduled workday following completion of duty and 8-hour rest period.
• Service of 31 to 180 days: employee must submit application for reinstatement no later than 14 days after completion of duty.
• Service of 181 or more days: employee must submit application for reinstatement no later than 90 days after completion of duty.

Please feel free to contact HR Outsourcing, Inc. for further explanation of military leave issues.