Because of recent military deployments to the Middle East, firms could witness an uptick in military-associated leave requests. Whenever handling leave of absence requests from members of the United States National Guard, Regular Armed Forces, and Reserves, employers must consider two statutory considerations, including the:
- The Uniformed Services Employment and Reemployment Rights Act (USERRA)
- The Family Medical Leave Act (FMLA)
Both statutes guarantee job security to military personnel and their dependents. For more information regarding the employer’s responsibilities and issues to take into account whenever it pertains to military deployment-related leaves, reach out to the expert New Jersey employment law attorneys at Sleemi Law right away.
What Are The Processes & Procedures Associated With Military Medical Leave Of Absence?
- Workers who intend to take military leave must submit a request (ideally written) to their department chair or supervisor as soon as feasible, detailing the times the leave will start and conclude. The application must encompass a copy of the proper military authority’s instructions to surrender to duty.
- The department chair or supervisor must record the worker’s application for military leave on a Personnel Action form and attach the worker’s demand and military papers to the document.
- So long as the military permits them, there is no restriction to the frequency, length, or number of training programs. A total of five years of prolonged continuous military duty is permitted. Workers on military leave are not compelled to do so, but they could choose to use any accumulated vacation money to balance unpaid leave.
- Workers on unpaid military leave could keep their health and dental insurance once per month by providing the worker portion of the payment. Military leave of more than 31 days, under the Consolidated Omnibus Budget Reconciliation Act (COBRA), is a qualifying event. Long-term, life disability, and optional insurance policies would be maintained for another year. The worker is liable to pay the premiums for alternative coverage. If the leave exceeds 12 months, conversion rights are offered. For the period of the leave, all the other benefits are suspended.
- Workers who have served under 31 days will be restored if they resume work at the start of the initial pre-scheduled workday following their discharge. Workers who spend from 31 to 181 days in the military should apply for reinstatement no later than two weeks following their service completion. Workers who have served over 181 days in the military should apply for re-employment within 90 days following their discharge.
- Workers who resume work within 91 days of being absent will be returned to their old position. If a worker spends 91 days or longer, they will return to the same or another position of comparable rank, title, and compensation if eligible for the post.
- A worker on military leave retains their tenure. Wages, benefits, and pay will be reinstated at the same proportion as if the worker had stayed in the capacity.
Contact Sleemi Law
Employers are dedicated to respecting workers’ rights while they are on military leave. Thus, employers should comply with state and federal law, ensuring no job applicant or worker will be subjugated to any discrimination on the grounds of the person’s commitment or participation in any of the United States’ Uniformed Services.
If you think that you have been subject to discrimination in breach of the military medical leave of absence policy, you must reach the human resources (HR) department. But to explore more regarding your legal rights, call (973) 866-9415 or complete the online contact form. The expert New Jersey employment law attorneys operate on a contingency fee basis, implying you do not have to pay anything until they win your case for you.
