Responsibilities To Employees Serving In War?

The U.S. Dept. of Defense says employees who are absent because of "service in the uniformed services" for no more than 5 years have reemployment rights. If employees’ military service lasts one to 90 days, they should be reemployed in the job they would have held if they had remained continuously employed, or, if they are unable to because of disability incurred or aggravated by military service, in the nearest approximation to that position.

If employees have been gone 91 days or more,they should be reemployed in the job they would have held had they remained continuously employed, "or a position of like seniority status and pay," as long as they can qualify for the job after "reasonable efforts by the employer" to qualify them.

Employers should reinstate employees "back onto the seniority escalator at the point the person would have occupied if the person had remained continuously employed. The position may not necessarily be the same job the person previously held. Departing service members must be treated as if they are on a leave of absence. Consequently, while they are away, they must be entitled to participate in any rights and benefits not based on seniority that are available to employees on nonmilitary leaves of absence, whether paid or unpaid."

"A reemployed person must be treated as not having incurred a break in service with the employer maintaining a pension plan." Regarding health insurance coverage, "If a person’s health plan coverage would terminate because of an absence due to military service, the person may elect to continue the health plan coverage for up to 18 months…The person cannot be required to pay more than 102 percent of the full premium for the coverage."

Employees gone for 30 days or fewer do not have to pay more than the normal employee share of the premium. For more info., go to the Dept. of Defense DefenseLINK,

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