Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Guidelines for Employees
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1 Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) Guidelines for Employees Overview: The purpose of these guidelines is to inform you of your rights under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). This law covers eligible employees who are voluntarily or involuntarily placed on extended active duty with the National Guard or the U.S. Armed Forces. Procedures: 1. Notify your department head, manager, and/or immediate supervisor as soon as you are notified that you have been called to active duty or have enlisted in any branch of the armed services. 2. Please complete on line a Leave of Absence form, 3. Attach a copy of your military active duty orders, and 4. Submit the documents to Human Resources with a copy to payroll. Military Status: Depending on your military status, your benefits impacts are listed below. Find the military status that applies to you: Paid Military Leave (15 days or less) See HOP policy All established insurance coverage continues for employee and dependents Extended Military Leave with Differential Pay * NOTE: If military pay is less than the employee s Health Science Center pay, the employee will receive the difference between the two rates of pay. Employee will be paid through Accounting, and a form 1099 will be issued at the end of the year for differential pay. Health/Dental/Vision Insurance may elect to continue insurance for 24 months and pay the entire premium (not eligible for premium sharing). May elect to drop coverage for employee but maintain coverage for dependents Retirement plans contributions suspended for both TRS and ORP plans 403B and 457 Plans contributions suspended
2 Medical/Dependent Flex Accounts contributions suspended Accidental Death & Dismemberment (AD&D) May elect to continue insurance and pay entire premium (not eligible for premium sharing). NOTE: there are specific exclusions for injuries or death that may occur as a result of active duty. Long Term Care may elect to continue insurance and be billed at your home Long Term Disability may elect to continue insurance for only 2 months. After 2 months coverage is cancelled. NOTE: There are specific exclusions for disability cause by, contributed to, or results from an Act of War. Short Term Disability NOT eligible for continued coverage Voluntary Group Term Life Insurance may retain coverage for employee and dependents, however, should employee coverage be cancelled, dependent coverage must also be cancelled. Service Months will be eligible to continue to accrue months of service Leave Accruals not eligible for leave accruals until employee returns Extended Unpaid Military Leave without Differential Pay If military pay is greater than the Health Science Center pay, there is no differential pay. Health/Dental/Vision Insurance may elect to continue insurance and pay the entire premium (not eligible for premium sharing) for 24 months. After 24 months, eligible for COBRA coverage for an additional 18 months Retirement plans contributions suspended for both TRS and ORP plans 403B or 457 Plans contributions suspended Medical/Dependent Flex Accounts contributions suspended Accidental Death & Dismemberment (AD&D) may elect to continue insurance and pay entire premium (not eligible for premium sharing). NOTE: there are specific exclusions for injuries or death that may occur as a result of active duty. Long Term Care may elect to continue insurance and be billed at your home Long Term Disability may elect to continue insurance for only 2 months. After 2 months coverage is cancelled. NOTE: There are specific exclusions for disability cause by, contributed to, or results from an Act of War. Short Term Disability coverage discontinued Voluntary Group Term Life Insurance may retain coverage for employee and dependents, however, should employee coverage be cancelled, dependent coverage must also be cancelled. Service Months will be eligible to continue to accrue months of service Leave Accruals not eligible for leave accruals until employee returns
3 Reinstatement from Extended Unpaid Military Leave (with or without differential pay) Health/Dental/Vision Insurance coverage must be reinstated immediately upon return from military leave with no waiting period Retirement plans must be allowed to make up any missed contributions to either TRS or ORP over a period equal to 3 times the period of military leave to a maximum of 5 years. Deposits of the University s contributions toward applicable retirement plans will be made upon reemployment 403B and 457 Plans will be allowed to make up any missed employee contributions or elective deferrals either in whole or in part (without interest) during a period equal to 3 times the length of military service not to exceed 5 years. Medical/Dependent Flex Accounts coverage must be reinstated immediately upon return Accidental Death & Dismemberment (AD&D) coverage must be reinstated immediately upon return from military leave with no waiting period Long Term Care insurance will be reinstated and payroll deduction of premiums will resume Long Term Disability coverage must be reinstated immediately upon return from military leave with no waiting period Short Term Disability coverage must be reinstated immediately upon return from military leave with no waiting period Voluntary Group Term Life Insurance coverage must be reinstated immediately upon return from military leave with no waiting period Service Months will have service months corrected to cover the period of military activation. Leave Accruals eligible for reinstatement of leave accruals frozen at the time of military activation Reemployment after Termination (Break in Service) for Military Deployment Health/Dental/Vision Insurance Employee must be reinstated on insurance plans upon re employment with NO waiting period Retirement plans contributions for TRS and ORP will resume 403B and 457 Plans contributions will resume Medical/Dependent Flex Accounts contributions will resume
4 Accidental Death & Dismemberment (AD&D) coverage is reinstated with NO waiting period Long Term Care contributions continue Long Term Disability coverage is reinstated with NO waiting period Short Term Disability coverage is reinstated with NO waiting period Voluntary Group Term Life Insurance coverage is reinstated with NO waiting period Service Months after break in service, credit for service months equal to months of unpaid military leave will be given Leave Accruals will continue Position Requirements for Leave of Absence less than 91 days, employee is entitled to job he/she would have attained provided the person is qualified for that job Reemployment Rights and Responsibilities after Break in Service Procedures: After release from military service, prompt reemployment or reinstatement is required depending on factors listed below: 1. Separated from service for honorable conditions. Must attach Form DD214 as proof of honorable discharge. If this form is not yet available, attach either: a. A copy of your endorsed orders, b. A letter from your commanding officer, or c. Some other documentation showing the dates and characterization of military service. 2. Has 5 years or less of cumulative service in the uniformed services with respect to a position of employment with a particular employer 3. Employee gave HSC advanced notice of military activation 4. Returned to work or applied for reemployment in a timely manner as listed below: Active duty of less than 31 days Must report back to employer by beginning of the first regularly scheduled workday that occurs 8 hours after the employee returns home. Active duty of more than 30 days but less than 180 days must submit an application for reemployment with employer no later than 14 days after completion of the period of military service. Active duty of more than 181 days submit an application for reemployment with the employer no later than 90 days after completion of the period of military service Service connected injury/illness deadline to reapply for employment is extended to 2 years for those hospitalized or convalescing due to service
5 connected illness or injury. NOTE: ADA accommodations may be required upon reemployment 5. An employee returning from military service is protected from termination without cause according to the following schedule: Length of Military Service USERRA protection from termination More than 181 days 1 year From 31 to 180 days 180 days 30 days of less No length of time provision
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