Military Leave of Absence - Employee Handbook

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Sample Company Policies And Procedures:


Military Leave of Absence

An employee who enters the armed forces of the United States will be granted a military leave in accordance with federal and state laws.      

Request for Leave - An employee must provide advance notice of the need for military leave, unless prevented from doing so by military necessity or if providing notice would be impossible or unreasonable.      

Length of Leave - The Company will grant up to a total of five years for an employee's military leave of absence, which includes the cumulative length of all absences from employment due to military service. Approved leave beyond five years of military service may be granted in limited circumstances when required by federal or state laws.      

Use of Vacation - An employee who takes a military leave of absence may request to use his or her accrued vacation.      

Compensation and Benefits - Military leave of absence is without pay from the company. The company will, however, continue to pay the premium for the employee's health insurance that the company would have paid but for the employee's leave. The employee will be responsible for paying for the employee portion of the health insurance premium, and such payment will be due at the same time as if it had been made by payroll deduction. Insurance may be cancelled if the employee fails to pay his or her portion while on leave. The company's payment will continue for a maximum of 12 weeks of leave time. Employer premium payments for these benefits will cease immediately following the 12 week period. In this event, the employee may apply for up to eighteen months of continuation coverage of health benefits under applicable law. 

Return from Leave - Upon completion of military service, the employee will be reinstated with full seniority to his or her former position or to a comparable position if application for reemployment is made based on the falling periods of uniformed service.      
If an employee has service time of less than 31 days, he or she must return following completion of active duty to work by the beginning of his or her first regularly scheduled work period. If the service time is 31 to 180 days, the employee must file an application for reemployment within 14 days after the completion of military service. If the service is more than 180 days, the employee must file an application for reemployment not later than 90 calendar days after completion of military service. The preceding return from leave deadlines can be extended for an employee who is hospitalized or recovering from a service-related illness or injury. However, the employee will not be reinstated if the Company's circumstances have so changed that re-employment is impossible or unreasonable.      

National Guard Training Leave - An employee who is a member of the National Guard or a reserve component of the armed forces will, upon furnishing a copy of the official orders or instructions, be granted a military training leave. Training leaves shall not, except in an emergency or in the event of extenuating circumstances, exceed two weeks a year, plus reasonable travel time. The employee may choose to take earned vacation pay available during military training.

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