Up to 26 weeks of leave in a single leave year to care for a family member who suffered serious injury or illness while serving on active duty. The U.S. military Reserve and National Guard are more than 1 million members strong. USERRA covers the following additional activities: Unpaid leave for training. But when a governor calls up members of the State National Guard—like in the case of a natural disaster or civil unrest, or to fulfil training requirements (typically one weekend per month and two weeks per year)—employers must consult state-level laws. 17 days annual unpaid leave for training. � Full-time National Guard duty. Employers should also be aware of the Family and Medical Leave Act (FMLA), which guarantees 26 weeks of leave for employees or caregivers of those on or injured during active duty. Employers are required to continue the health benefits as follows: � Absences of 31 or more days. Employees’ health insurance continues for 30 days. For periods of service of 181 days or more, it is one year. Unpaid leave for state active duty or training. At its core, USERRA requires employers to guarantee unpaid leave for five years (additional time may be required if the employee’s service falls under an exception), along with continued access to health benefits (up to two years) to all employees on voluntary or involuntary federal active duty, as well as unpaid time off for training and funeral honors duty. Sick leave, vacation, or Paid Time Off should continue to accrue as if the staff member had not been absent for military training. Employers can allow, but cannot require, employees to use their paid time off or vacation benefits for military-related absences. Unpaid leave for state training, with no loss of benefits. � Active duty. You may contact us by phone at 423-764-4127 or by email at sesco@sescomgt.com . If your company pays for the employee's share of insurance premiums while the employee is on medical leave, the employer also is required to provide the same benefit to the employee on a military leave of absence. The staff member will receive no benefits. To qualify for USERRA and be reinstated to the workplace, employees must meet these requirements: When they return, employees are protected by the “escalator principle”—their pay, benefits, vacation time and seniority continue to accrue as it would if they had not been absent. It expands the definition of military to include serving in a federally recognized auxiliary of the armed services, the Illinois State Guard, and a period of absence to receive medical or dental treatment for a condition sustained or aggravated by Service. This applies to defined-benefit pensions, defined-contribution plans and profit-sharing plans, as well as single-employer and multi-employer plans. While you must permit employees to substitute accrued paid annual, vacation, or similar leave for unpaid military leave, you can't require them to use such leave. If the employee currently is covered under the company health insurance plan, you must make arrangements for continuing the coverage. SESCO Management Consultants is available to assist with your human resource issues. Box 90496 15 days annual unpaid leave for training. Military leaves of absence may be paid or unpaid leaves in accordance with the provisions of this policy. It may be helpful to summarize how the employee's benefits and compensation will be handled during his or her absence in a letter before the employee departs. However, an employer may offset any amounts received by an employee occasioned by temporary military leave against the salary for a particular week. For further information, please contact the Staff & Labor Relations office at 684-2808 (P.O. Unless giving notice is unreasonable or precluded by military necessity, staff requiring a military leave of absence should provide their supervisors with a written or verbal advance notice along with, if available, a copy of the military order. Likewise, employees can make up their 401(k) plan contributions over a period of time equal to three times their periods of service or five years, whichever ends first. 15 days annual unpaid leave for training, with no loss of benefits. Staff who are on an official military leave (as of the start of the new evaluation period) and who return to work during the fiscal year (in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994) will receive any across-the-board compensation adjustmentsthat they would have received if they had not been on military leave. If the returning staff member did not work during the preceding 12 months, he or she will receive the greater of their current rate or the minimum of their pay range. The worker was employed for your organization when they volunteered or were called up for active duty, The worker provided reasonable notice that they would be going on military leave, The worker was on military leave for five years or less, The worker was honorably discharged from the military, The worker applied for reinstatement in a timely manner. Alternatively, the staff member may request payment in the pay period during which the holiday occurs. Unpaid leave for state active duty, drills, training or service school. Seniority and benefits continue to accrue as if the employee was continuously employed. In addition, discuss how the employee's premiums will be handled. The length of employment service accrual should continue for the term of the Military Leave but may be severed upon any voluntary extension of military service that is not at the request of the government. 5 Annotated Laws of Massachusetts, Chapter 33, section 59 (emphasis supplied). The Uniformed Services Employment and Reemployment Rights Act (USERRA) was signed on October 13, 1994. If the staff member elects to take an unpaid leave, the supervisor must notify payroll so that vacation, sick leave, or Paid Time Off accruals may be manually credited.

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