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New Military Leave of Absence policy from employer

1,433 Views | 7 Replies | Last: 3 yr ago by AgLA06
wichoAggie06
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I enlisted in the Army Reserve and ship out to boot camp on the last week of May.
I will drill monthly so I expect to come back to my civil job as soon as I am done with BC and AIT.
I informed this to my employer since December of last year.
It turned out they did not have a Military Leave of Absence policy and HR just created one for my situation.

The company is a very well known global electrical supplier, so I am actually surprised about not having a military policy.

I need some advice on what to look for on the policy and make sure my employer is not taking advantage.
Other than what I have read online about benefits, pay, etc., I have no idea what are the most important things I should review or make sure they are included in the policy, specially if it is a completely new document for the company.
Aggie@state.gov
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AG
Take a spin around the ROA website. It used to be called the Reserve Officers Association, but now its open to all ranks. www.roa.org Strongly consider joining........


Also the DoD agency - Employer Support for the Guard and Reserve, can be helpful for your company to contact and most likely they have pro-forma military leave policies they can adopt. Or that's maybe where they got one.

Naveronski
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AG
ESGR is a good resource. Don't be afraid to call them if you have any questions.

I was enlisted guard for several years; post up with your questions.

As far as work, be up front with them as best you can. You'll get a letter from your unit with all of your drill dates.
Scan it (or otherwise get a digital version), then email it to both HR and your direct manager. Email is better than paper so you'll have a record.
SpreadsheetAg
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AG
USERRA

Basic gist is they don't have to hold your specific role, but they should reemploy you in an equal or better position with no pause or adversity on your seniority. I.e. it's as if you never left in terms of time of service and continuity of pay / bonus / other compensation.

There are some minor exceptions depending on employer hardship (which they must prove) and time of service before you leave... as long as you operating in good faith to return and keep employment with them long term, you should have good protection.
Quote:

Reemployment under Federal Law
The USERRA protects individuals that leave a job for U.S. military service from discrimination. Employers must reemploy the service member if:
  • Before leaving, the employee gave the employer advanced written or verbal notice of the military service (unless impossible or unreasonable because of military necessity);
  • The employee's absence because of military service did not exceed five years (unless an exception applies);
  • The employee was given an honorable discharge at the end of military service; and
  • The employee applies for reemployment within a specified time.

The USERRA prohibits employers from reinstating service members into the same position they served in prior to entering the military. Instead, the employer must establish the appropriate position by determining what position the employee would have been in if continuously employed during military service. If the employee is not qualified, the employer must offer the employee training. In addition to promoting the employee, the employer must give the employee the same raises, benefits, and seniority status entitled to if they had continuously worked for the employer. For up to one year after reinstatement, the employer cannot fire the service member without cause.

There are some exceptions to a service member's right to reinstatement under the USERRA. The employer does not have to rehire a returning service member if:
  • Workplace changes make it unreasonable or impossible to reinstate the employee;
  • Reemployment of the returning service member would create an undue hardship on the employer; or
  • The employment of the service member prior to service was brief and there was no reasonable expectation that employment would continue for a long time.

Reemployment under State Law

Most states have laws that also ban discrimination against individuals that serve in the military or in the National Guard. For example, many states require employers to grant leave for individuals called for active military service or require employers to reinstate the returning military member. Most states only require reemployment if the employee:
  • Received an honorable discharge;
  • Can provide proof of the satisfactory completion of military service; and
  • Applies for reemployment within a certain time.
In some cases, state laws expand upon USERRA protection of reemployment rights of returning military service members.

Also, look up SCRA - Servicemembers Civil Releif Act - which offers military personnel who deploy certain protections on interest rates (mortgage) and protection from missed payments during your deployed status.

I was actually in a class action suit against Countrywide BoA from my time in 2007-2008 when they screwed up my payments and interest rates... got 4 checks from the lawsuit totaling like $17,000 around 2011-2012 because of it... it was a nightmare for a year when I got back from deployment.

Lastly, if you are going on an active deployment in the future and your entering service from Texas, remember the Hazelwood Act. It basically tells public universities in TX that you don't owe them any tuition (at least it did 10 years ago)... it's how I was able to afford my Masters Degree.
[url=http://en.wikipedia.org/wiki/Red_pill_and_blue_pill]I prefer the red pills[/url]
SpreadsheetAg
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AG
If you want I can look it over , username03 at gmail...

I was a Battalion S1 (HR officer) for the Conroe, TX 158th Aviation back in the day...
AgLA06
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AG
I find this interesting. So we're you active military before going reserves?

I ask because the way you wrote it, it almost sounds like you weren't.
SpreadsheetAg
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AG
Me or OP
wichoAggie06
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Thank you all for your responses!!!
Power out and no internet due to the winter storm.

I'll definitely check all the mentioned sites.
My biggest concern is not being played by HR, specially with a new document. A couple of my workmates told me that HR messed up the 401k account from one of the technicians, so that makes me worry because I am not dealing with the smartest person for that position.

Naveronski: I gave HR and my manager a copy of my unit's drill dates, my BMT and AIT schedule. All in email, so I should be good on that end. I have 3 BA's left before I ship out.

AgLA06: I don't have prior military service. It's my first time serving.

SpreadsheetAg: thank you!! I will shoot you a copy of the policy. It will be username at gee mail.
AgLA06
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AG
Interesting. Good on you, but I could only imagine what your boss thought when you told him.

"You did what?!?!"
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