MILITARY LEAVE

Liz Reynolds

The October 2001 Colorado Employment Law Letter states
that you must make the same contributions to the employees
retirement plan that you would have made if he had not been
absent on military leave.

The person who went on military leave is a patrol officer
whose retirement, which takes the place of Social Security,
is paid 8% by the employee and 8% by the City of Cortez.
The City has an additional retirement plan which covers
all employees, which is paid 2% by the employee and 2% by
the City. Does the law require you to pay the 8% as well as
the 2% retirement?

Do you have a copy of the USERRA that I can access?

Thanks for your help.

Don D

Liz: Go over to the employment law section of the Forum and you'll find quite a bit of discussion about USERRA. Several of the questions, as you scroll down, you'll find are related to this subject. Also gives USERRA sites. Go to the bottom of this screen and click on HR & Employment Law Questions. Don x:-)

Brad Forrister

You can access the full text of the actual USERRA (the Uniformed Services Employment and Reemployment Rights Act) under the federal laws section of the subscriber's area of HRhero.com. It's under Title 38 - Veteran's Benefits.

But you may find more help in the links Don suggested or in the various articles in the HR Answer Engine. Based on a very quick look at them, it appears to me that you do have to make the contributions - but perhaps not until the employee actually returns.

Any other public sector types out there know the answer?

Brad Forrister
Director of Publishing
M. Lee Smith Publishers