Military Leave
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I am writing a company policy on military leave.
1) While reviewing suggested policies, I came across several that state that a regular employee will receive compensatory payment at the start of the leave (two weeks of base pay if the prospective tour of duty is less than two years and four weeks of base pay if the prospective tour of duty is two years or more). Is this required by State law in TN or MS or by Federal Law or was this just a recommendation?
2) Is the company required to maintain all benefits: vacation, holidays, insurance, profit sharing / pension, etc?
3) How does a military leave differ from a leave without pay?
4) When returning from leave, it is suggested that the associate be physically qualified (among other things). Is this statement compatible with the ADA?
1) While reviewing suggested policies, I came across several that state that a regular employee will receive compensatory payment at the start of the leave (two weeks of base pay if the prospective tour of duty is less than two years and four weeks of base pay if the prospective tour of duty is two years or more). Is this required by State law in TN or MS or by Federal Law or was this just a recommendation?
2) Is the company required to maintain all benefits: vacation, holidays, insurance, profit sharing / pension, etc?
3) How does a military leave differ from a leave without pay?
4) When returning from leave, it is suggested that the associate be physically qualified (among other things). Is this statement compatible with the ADA?
Comments
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Also look at the discussions here:
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and here:
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In answer to your questions:
>1) While reviewing suggested policies, I came across several that
>state that a regular employee will receive compensatory payment at the
>start of the leave (two weeks of base pay if the prospective tour of
>duty is less than two years and four weeks of base pay if the
>prospective tour of duty is two years or more). Is this required by
>State law in TN or MS or by Federal Law or was this just a
>recommendation?
Federal law doesn't require pay. State law might, but I don't know about specific states. If you're a Law Center member, you can search your state's statutes in the members area of HRhero.com. (For info about the Law Center, go to [url]http://www.hrhero.com[/url] and click on "Take the Law Center tour!" in the members' login box.)
>
>2) Is the company required to maintain all benefits: vacation,
>holidays, insurance, profit sharing / pension, etc?
Treat them the same as other employees on leave, except they accrue seniority while on military leave, which might entitle them to increased benefits.
>
>3) How does a military leave differ from a leave without pay?
Military employees may choose to substitute paid leave. And after returning from long military leave, they have a period of job security.
>
>4) When returning from leave, it is suggested that the associate be
>physically qualified (among other things). Is this statement
>compatible with the ADA?
You need to treat returning military employees the same as you treat employees returning from FMLA leave or other types of leave. That "physically qualified" statement makes me a little uneasy, and I'm not sure it accomplishes anything.
You might want to have your policy reviewed by a lawyer in your state.
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James Sokolowski
Senior Editor
M. Lee Smith Publishers
If he was gone completely, I'd know what his rights are. We will definitely continue to accrue benefits etc, but can I pay him for "hours worked" instead of full-time salary? Any suggestions?
James Sokolowski
Senior Editor
M. Lee Smith Publishers
>>With National Guard and Reserve troops now guarding our airports...what >>aboutthe dedicated employee who wants to continue his job duties in the hours >>he is not guarding the airport? We need him! He's our new Security Supervisor >>(exempt). He's at the airport midnight to 8 am, but trying to work as many >>hours as he can at his job.
You use two key phrases "...his job duties..." and "...his job."
If you mean his "(exempt)" job duties, I think you are inviting trouble with both the federal FLSA and the Oklahoma statutes. You are correct in assuming that you can not jump back and forth from exempt to non-exempt with the same set of job duties, just a limited number of hours worked. All we are speaking of there is volume, and with an exempt employee the salary is intended to compensate the employee for a set of duties regardless of the "volume" of work required or performed.
If your employee is going to work a significiantly different set of job duties, that in fact include a significantly larger percentage of non-exempt duties, then you can pay this guy as a non-exempt until he can resume his usual scope of duties.
We have some excellent employment law attorney's in Oklahoma who can advise and direct you on this one. I am an HR Manager, so don't look to me for legal advise, but I sure can give you the name of several attorney's I would consult on this one.