Hiring someone in the Reserves in California
Sheila2008
44 Posts
Hello, what are the rules/laws of hiring someone in the reserves? Once a year they will be gone for 3 weeks....
1. Do we pay them while they are away for those weeks?
2. Do they accrue benefits during their absence...ie, vacation, sick?
3. How do we handle their medical/dental?
Is there anything else that I should know when hiring these individuals?
Comments
check both state and federal law. you can find information on benefits under federal law here: http://www.dol.gov/elaws/vets/userra/benefits_2.asp
under healthcare benefits it says:
"USERRA provides for the continuation of health benefit coverage for persons
who are absent from work to serve in the uniformed services. The Veterans
Benefits Improvement Act of 2004 (VBIA), P.L. 108-454, amended Section
4317(a)(1)(A)of USERRA to provide that if a person's employer-sponsored health
plan coverage would terminate because of an absence due to uniformed service,
the person may elect to continue that coverage for up to 24 months after the
absence begins, or the period of absence, whichever is shorter. The person
cannot be required to pay more than 102% of the full premium for the coverage --
if the uniformed service was for 30 or fewer days, the person cannot be required
to pay more than the normal employee share of any premium."
I would suggest reading through : http://www.dol.gov/elaws/vets/userra/mainmenu.asp
1. "USERRA does not require an employer to pay an employee while performing uniformed service; however, an employer is free to do so if desired. " http://www.dol.gov/elaws/vets/userra/emperob_c6.asp
2. usage of accrued leave "Any person whose employment with an employer is interrupted by a period of service in the uniformed services shall be permitted, upon request of that person, to use during such period of service any vacation, annual, or similar leave with pay accrued by the person before the commencement of such service. No employer may require any such person to use vacation, annual, or similar leave during such period of service." http://www.dol.gov/vets/usc/vpl/usc38.htm#4316;
Accruing leave : "Vacation accruals, that is, the actual receipt of vacation time benefit itself rather than the rate at which an employee accumulates the benefit, is not usually tied to seniority. For example, a person returning from three years of service may have passed a time benchmark where that person is entitled to build vacation at an increased rate (e.g., from one week a year to two weeks per year), but that person would not return to find three years back vacation waiting. If an employer allows accrual of vacation for employees who are on a comparable furlough or leave of absence, then a person of similar seniority, status and pay who is absent for uniformed service is entitled to the same benefit, because USERRA treats the individual as being on furlough or leave of absence while performing uniformed service. See 20 CFR Part 1002.150. USERRA requires an employer to allow an individual to use earned vacation credits while absent for service, providing that usage is at the employee's request. An employer may not require the use of vacation for a service absence, unless the absence coincides with a period, such as a plant shutdown, when ALL employees are required to take vacation. See 20 CFR Part 1002.153."
3. "For military service of less than 31 days, health care coverage is provided as if the service member had remained employed. USERRA clarifies pension plan coverage by making explicit that all pension plans are protected." http://www.dol.gov/vets/programs/userra/userra_fs.htm Otherwise, "USERRA provides for the continuation of health benefit coverage for persons who are absent from work to serve in the uniformed services. The Veterans Benefits Improvement Act of 2004 (VBIA), P.L. 108-454, amended Section 4317(a)(1)(A)of USERRA to provide that if a person's employer-sponsored health plan coverage would terminate because of an absence due to uniformed service, the person may elect to continue that coverage for up to 24 months after the absence begins, or the period of absence, whichever is shorter. The person cannot be required to pay more than 102% of the full premium for the coverage -- if the uniformed service was for 30 or fewer days, the person cannot be required to pay more than the normal employee share of any premium.On return from service, health insurance coverage must be reinstated without any waiting period or exclusions for preexisting conditions, other than waiting periods or exclusions that would have applied even if there had been no absence for uniformed service. This rule does not apply to the coverage of any illness or injury determined by the Secretary of Veterans' Affairs to have been incurred in, or aggravated during, performance of service in the uniformed service. See 20 CFR Part 1002.168."
You may not discriminate based on military service : "An individual's past, present or future uniformed service duty or obligation must not be a negative factor in any hiring decision. This includes members of the Reserve and National Guard, veterans and those who report for enlistment or entry testing."
Is there anything else that I should know when hiring these individuals?[/quote]
You should become intimately familliar with USERRA. All of your specific questions are answered there (and highlighted here by others). I want only to emphasize the importance of the non-discrimination clause. You've asked, "...what are the rules/laws of hiring someone in the reserved?" Essentially, the law is that you may not consider their uniformed services obligations in making your hiring decision any more than you may consider their race, national origin, or sex. If you are hearing from the hiring manager that he or she doesn't want to hire someone because of their military participation, then that manager needs not to know that information going into the future.