USERRA, UPDATE

[font size="1" color="#FF0000"]LAST EDITED ON 05-05-04 AT 04:38PM (CST)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 05-05-04 AT 04:36 PM (CST)[/font]

Good afternoon to all HRs, I have just completed a telephone conversation with our last of two return IRAQ warriors and I am happy to up-date every one that the transition this time was easy for the first soldier who was a truck driver, he was released one day and within a week back on the clock with us and with his 4 weeks vacation, 7 holidays, and 96 HOURS of sick days not used last year paid out. He was also still on leave time of 30 days with the military. Next week he gets married and will take another week of vacation off from the company and we are happy for him.

The other soldier developed a medical condition that had to be taken care of prior to returning to work, he notified me that he will be completely released on the 21st and will be ready to slip back into his Manager position on the 24 of May. He will collect 4 weeks vacation and two weeks sick time, unfortunately no manager gets Holiday pay so he will not be entitled to that money.

The 25th day of May will be very important to us all. The company is better for it and glad we could serve, as he also was glad to serve, but he has told me he will retire from the National Guard as soon as possible, for the unit will most likely go back again in the year 2006. If it does it will be without his smiling face.

We replaced him as a manager with an Manager in Training, who has done well and we are going to either take out a weaker manager or promote our soldier to a higher level of manager.

Hope the rest of you are able to thank the Lord for the many Blessed days provided to your company like ours. Now, we will really EAT more BBQed PORK as we celebrate their return!

PORK

Comments

  • 8 Comments sorted by Votes Date Added
  • That's what I like about your posts, Pork. You always manage to slip in a commercial for the other white meat somehow.

    Glad your reservists are back. Our news here is reporting on a local Guard unit that got back two months ago and some workers were just settling back into civilian life when - surprise! - they have been given a heads-up to expect orders to return to the sandbox within the week.

    This is certainly a very challenging time for employers that I expect will produce many, many USERRA compliance experts among us.
  • Porky Pie: Thanks for the update and take good care of those soldiers for us. xhugs

    Silly Beag: Remember, here in the Northwest the Snowy Plover and Spotted Owl are "the other white meat". x;)
  • We got to cover our bases whenever we can; I look for the positive and recognize it in every moment of the time I have left in this world.

    My Farm Manager/soldier, had a problem with his DD-214 and his medical issue. The Army released him from Fort Campbell, KY and told him to go home and get a physician to fix it and the military would cover it. Which is correct; however, they failed to tell him that he would have to use his personal leave time during this medical situation. His medical issue was a medical disqualification issue with us so he had to get it fixed. We could not let him start back to work with an acknowledged medical disqualifing factor; therefore, he had to get it fixed, which he did. He should not have left Ft. Campbell with the rest of the unit, but he did and now he wants the US ARMY to fix his DD214 to reflect the medical leave period verses personal leave which would be MONEY to him. We can not put him back to work based on his personal physician's release, he can only be reased by a military physician procedure. We want him back yesterday, but it looks like we must wait until May 24, 2004.

    I have been given three different USERRA cases, the first we are hoping for a withdrawal of the law suite. The 2nd one went very smoothly, but I know he is looking a higher paying position and possibly doing something finer than hauling medium size "pigs". Now that he has collected all of the benefits and we are square with USERRA, he is looking to leave us for greenier pastures. He has "HOG BLOOD" AND IS JUST LIKE THEM ALL, LOOKING ON THE OTHER SIDE OF THE FENCE FOR GREENIER GRASSES OR MUD TO WADDLE IN. THE 3RD IS MY MANAGER CASE. His case made me dig out the regulation and read the details, to figure out the times and effects of a medical issue.

    May we all have a Blessed day, our country and the good service men/women of our armed forces need a whole bunch, these days.

    PORK


  • Why must he receive a release from a military doc? Why can't he just get a signature from his physician (or a company doc if you have them) to go back to work?
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-06-04 AT 02:59PM (CST)[/font][br][br]He could but that would not correct his military record for retirement purposes, which he might have the ability to do prior to the next call up. His retirement from the military as a National Guardsman is effected by the total number of active duty days over a 20 year period of time. The DD 214 is the base document for day counting that is so important for the service person; that is why mine is locked up in the bank vault. Additionally, when I suggested we were ready to put him back to work, he wanted to know whould we compensate him for the days lost as medical convalesent leave verses personal days. We were not willing to do that, thus his need to return to active duty and get the DD 214 corrected. He will be released on May 24, 2004 rather than April 13, 2004, almost 41 one days of military pay today and total number of days for retirement purposes.

    PORK
  • We have been into vacation time for military service in a big way. We have consulted lawyers and military JAG officers. The answer we have have gotten and used is that individuals away on military leave do not ACCRUE any vacation, holiday time, or personal leave. They are being paid by the military during their service. In other words, if they are away five years, they do not have five years worth of vacation when they return. When they return, they would have anything on the books from the day they left. Then they need to work long enough to accumulate vacation just like any other employee away on leave of absence. However, if you let employees away on leave of absence accrue paid time off, then you would have to treat military leave the same way.
  • WT: Great comment, one would automatically pull out the company benefit plans, policy, employee handbook, for how: "Military Leave of Absence is written". In our case, we chose to provide the military leave of absence standard, just like any other leave of absence FMLA, W/C, we pay it to others.
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