Revisions to Military Leave Related Policies

The U.S. Department of Labor has issued new regulations under the Uniformed Services Employment and Reemployment Rights Act (USERRA) which clarify eligibility and return-to-work rules. Indiana University has amended several of its personnel policies for Staff and Hourly employees to ensure that the university is in full compliance with the law and the new regulations.

Who is Eligible

Members of the Armed Forces, National Guard, Commissioned Corps of the Public Health Service and the National Disaster Medical System under federal activation are covered.

In addition to all Staff employees, Hourly employees who are in positions that are recurrent and have a reasonable expectation that employment will continue for a significant period are covered by USERRA. This means that PERF-covered Hourly employees as well as many others are covered.

The new regulations clarify that an employee is eligible for USERRA rights and benefits for a cumulative period of five years away from work for military service.

Return to Work

An eligible employee must be returned to work within two weeks of making either an oral or written request to return. This requirement exists even if the employee had submitted a written resignation.

The employee is to be returned to employment as if the military service had not occurred:

• To the position that he or she would have been in,
• At the pay rate that he or she would have been at, and
• With the seniority date and service credit that would have existed.

In addition, an employee who did not explicitly resign to enter military service will:

• Have sick and vacation/PTO restored that was not used or paid when entering military service,
• Accrue vacation/PTO for the period in military service up to a limit of one year’s accrual, and
• Have the university’s contributions to his or her retirement plan made as if the military service had not occurred.

These last three additional benefits do not apply to an employee who submitted an explicit, written resignation.

Upon return from military service, the Staff or Hourly employee cannot be terminated except for cause for up to one year if the period of service was more than six months.

The time in the military service will count towards meeting the rules of one year of employment and 1250 hours of work in the previous 12 months to qualify for FMLA eligibility.

Contact Human Resources

Department administrators are to contact a campus Human Resources Office as soon as they become aware that:

• An employee is leaving or has left for military service, and
• An employee requests to return to work after military service

Employees should also contact a campus Human Resources Office if they are entering military service or are requesting to return to work.

In addition to the regulations summarized here, there are additional rights and benefits under USERRA and the university’s personnel policies related to military service. These include provisions on supplemental retirement (salary deferral) plans and health care plans. It is important to discuss these with Human Resources when leaving for or returning from military service.

The full Indiana University personnel policies at www.indiana.edu/~uhrs include those policies applicable to military leave for Staff and Hourly employees.

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