Library personnel who leave their job with the Garnet A. Wilson Public Library of Pike County to serve in the United States Armed Forces are entitled to reinstatement upon completion of their military service. With some exceptions, a veteran or reservist who applies for reinstatement must be reinstated into the position he or she would have had if his or her employment had not been interrupted by military service.
Health Benefits while on Military Leave
If an associate is on military leave for less than 31 days, the employee cannot be charged more for group health plan coverage than he or she would have paid as an active employee. For longer military leaves, federal law does not require and employer to continue group health plan coverage. If an associate’s group health plan coverage is terminated, USERRA requires that the employee be permitted to elect to continue coverage for up to 18 months by paying 102% of the cost of coverage. This mandate duplicates COBRA, and the 18-month period runs concurrently with the COBRA period.
Reemployment Rights
To obtain reemployment rights, an employee must apply for reemployment after his or her service in the United States Armed Forces has ended. The time to apply for reemployment rights depends upon the amount of time the associate served in the United States Armed Forces. Generally, associates must apply for reemployment within the time periods shown on the following table:
Length of Service | Time to Apply for Reemployment |
|---|---|
30 days or less | Beginning of the workweek following the end of service period |
At least 31 days but less than 181 days | Within 14 days of the end of the service period |
More than 180 days | Within 90 days of the end of the service period |
Federal law permits an employee to serve a total of 5 years on active duty without loss of reemployment rights. However, an employee’s reemployment rights are terminated if military service ends in a discharge that is “other than honorable,” “undesirable,” for “bad conduct,” or “dis honorable.”
Upon satisfactory completion of the associate’s military obligations, and after an application for reemployment has been made, the associate must be put into the position that he or she would have had if employment had continued without interruption by military service. This could be the preservice position, a better position, an inferior position, or if the associate’s position was eliminated as a result of a reduction in force, no position at all.
If a disability is sustained or aggravated during military service that prevents the associate from performing the job that he or she would otherwise be entitled to, the associate must be offered a position of like seniority, status and pay for which he or she is qualified or could become qualified by “reasonable efforts” on behalf of employer.
Finally, an associate that returns from military service may not be terminated except for cause. This restriction depends upon the length of military service as follows:
Length of Service | Restriction on Discharge |
|---|---|
30 days or less | No restriction |
At least 30 days but less than 181 days | 180 days |
More than 181 days | 1 year |