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Indiana Wesleyan University Support Knowledge Base

USERRA / Military Leave

Policy

A. The Uniformed Services Employment and Reemployment Rights Act (USERRA)

 

USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services.

 

B. Reemployment Rights

 

You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and:

 

You ensure that your employer receives advance written or verbal notice of your service;

 

You have five years or less of cumulative service in the uniformed services while with that particular employer;

 

You return to work or apply for reemployment in a timely manner after conclusion of service; and

 

You have not been separated from service with a disqualifying discharge or under other than honorable conditions.

 

If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job.

 

C. Right To Be Free From Discrimination and Retaliation

 

If you:

   

  • Are a past or present member of the uniformed service;
  • Have applied for membership in the uniformed service; or
  • Are obligated to serve in the uniformed service;

 

then an employer may not deny you initial employment, reemployment, retention in employment, promotion, or any benefit of employment because of this status.

 

In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection.

 

D. Health Insurance Protection

 

If you leave your job to perform military service, you have the right to elect to continue your existing employer-based health plan coverage for you and your dependents for up to 24 months while in the military.

   

Even if you don't elect to continue coverage during your military service, you have the right to be reinstated in your employer's health plan when you are reemployed, generally without any waiting periods or exclusions (e.g., pre-existing condition exclusions) except for service-connected illnesses or injuries.

 

E. Enforcement

 

The U.S. Department of Labor, Veterans' Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations.

Scope

This policy applies to all the employees of the University.

History

19-Mar-2015 - Date conversion to KB

 

Policy information

Employee Policy 300.08.03

Owner

Executive Director for Human Resources

Approved by

Vice President for Business Affairs/ CFO

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