Basic Rights For Employees On Military Leave

Coverage:

____ 1. All employers, regardless of size, must preserve the basic rights of employees on military leave.

____ 2. If [Organization Name] is sold or otherwise changes ownership, the new employer has the same obligations to employees on military leave as [Organization Name] had.

Notice:

____ 1. Reservists are not required to give any notice before leaving for active duty.

Paid military leave:

____ 1. [Organization Name] has no obligation to pay reservists for the time they are away on military leave.

____ 2. [Organization Name] may adopt a policy of paying reservists the difference between their regular pay and their military pay.

____ 3. Employees may elect to take paid vacation time during the period of reserve duty.

Benefits while on leave:

____ 1. Employees taking military leave should be given the same treatment as [Organization Name] gives other employees on leave.

____ a. Reservists should receive the same benefits and should retain the same employment status as employees on other forms of leave, for example, maternity leave, family leave or disability leave.

____ b. If [Organization Name] provides paid benefits for employees and their dependents while the employee is on maternity leave, reservists should receive similar coverage unless military insurance becomes the primary coverage.

____ c. Pay increases, vacations and other benefits that would have accrued while an employee is on leave must be made available upon the employee's return from military leave.

____ d. Pension rights that are based on length of service continue to accrue while an employee is on military leave.

____ e. [Organization Name] must continue to make pension contributions on behalf of employees on military leave if its pension plan requires employer-provided contributions based on length of service.

____ f. Employees have the option of making retroactive contributions to plans that are funded by employee contributions after returning from military leave.

____ 2. Employees on military leave should not be discharged and then rehired on return if other leave policies do not require similar treatment.

Reinstatement following leave:

____ 1. Reservists have the right to return to a job of similar seniority, status and pay after military leave.

____ a. Any nontemporary employee is eligible for reinstatement, including employees on probationary status and employees who have only been with [Organization Name] for a few days.

____ b. Replacements added to fill the job of an employee on military leave may have to be bumped.

____ c. Reservists must make application for reemployment within 31 days of leaving active duty.

____ d. Reservists must have a certificate evidencing satisfactory performance of military duty in order to be eligible for reinstatement.

Discrimination against employees due to military status:

____ 1. Reservists may not be fired for one year after returning from military leave, except for just cause.