IBEW SCU-8 Military Leave of Absence Policy

Transcription

1 Philsphy The Cmpany supprts its emplyees wh serve in the varius branches f the military, and hnrs their service by extending certain benefits t emplyees wh must take a leave f absence frm wrk t fulfill their military cmmitments. This Plicy prvides guidance regarding pay, benefits and reinstatement rights fr emplyees wh are n military leaves f absence (as described in the Plicy). Althugh the Cmpany prvides certain benefits that exceed what the law requires, this Plicy is intended t cmply with the Unifrmed Services Emplyment and Reemplyment Rights Act f 1994 (USERRA) and related laws, and shall be interpreted, perated and administered cnsistent with that intent. Definitins "Service" means the perfrmance f duty n a vluntary r invluntary basis in the Unifrmed Services under cmpetent authrity and includes active duty, active duty fr training, inactive duty training, full-time Natinal Guard duty, a perid fr which a persn is absent frm a psitin f emplyment fr the purpse f an examinatin t determine the fitness f the persn t perfrm any such duty, and a perid fr which a persn is absent frm emplyment fr the purpse f perfrming funeral hnrs duty as authrized by law. (38 U.S.C. 4303(13)). Unifrmed Services means the Armed Frces, the Army Natinal Guard and the Air Natinal Guard (when engaged in active duty fr training, inactive duty training r full-time Natinal Guard duty), the cmmissined crps f the Public Health Service and any ther categry f persns designated by the President in time f war r natinal emergency. (38 U.S.C. 4303(16)). Eligibility This Plicy applies t all active U.S. emplyees f the Cmpany, as defined by USERRA, wh are perfrming Service in the Unifrmed Services. Apprved Reasns fr Military Leave Cnsistent with USERRA, the Cmpany grants emplyees a leave f absence fr Service in the Unifrmed Services with reinstatement rights as set ut therein. When called t, r vlunteering fr, Service in the Unifrmed Services, the emplyee (r the apprpriate fficer f the branch f the military in which the emplyee will be serving) must prvide advance ntice t the Cmpany that he r she is leaving the jb fr Service in the Unifrmed Services within 30 days prir t departure r as sn as administratively pssible if prviding such ntice is impssible, unreasnable, r precluded by military necessity. Requesting a Military Leave f Absence A Military Leave f Absence (MLOA) shuld be requested fr ANY type f intermittent r cntinuus military leave including, but nt limited t, annual bt camp training, ther vluntary r invluntary training requirements r active duty. Emplyees have tw ptins t request a Military Leave f Absence: 1. Submit an electrnic claim initiatin frm lcated n the Emplyee Center, Emplyee Leaves/Time Away frm Wrk Prtal page; OR 2. Cntact the Liberty Mutual Leave Service Team at and select the Leaves, Disabilities and FMLA ptin t speak t a Leave Specialist. Emplyees requesting a MLOA shuld state the reasn fr the leave and give the expected duratin. An emplyee requesting a MLOA must prvide rders and/r ther dcumentatin related t the MLOA. A Leave Specialist will Military Leave f Absence Plicy Page 1 f 7

2 review the dcumentatin and determine eligibility fr military pay cntinuatin r pay crdinatin. Each leave will be evaluated n a case-by-case basis. Once the leave is established, emplyees must use apprpriate leave / military paid r unpaid time cdes in the time reprting system t align with time taken ff fr military leave. Pay Cntinuatin/Crdinatin USERRA des nt require emplyers t pay emplyees while they are n a MLOA. Hwever, t shw supprt f emplyees in the military and prvide assistance t them and their families, the Cmpany prvides pay cntinuatin r pay crdinatin fr regular, full-time, part-time and fixed term emplyees called t United States natinal active duty, which is defined as: In time f war r emergency (as designated by the President f the United States), emplyees wh are either invluntarily called t United States natinal active duty by military rders r are already members f the Unifrmed Services and vlunteer fr such natinal active duty, where the active duty means the emplyee is deplyed t the site f war r emergency, is rdered n standby fr deplyment while serving active duty in the U.S. directly supprting the war r emergency military wrk, is required t attend pre-deplyment training r is therwise serving active duty that is directly assciated with the war r emergency. Nn-deplyment related training r service and regularly-scheduled weekend nly military cmmitments d nt qualify fr pay crdinatin. Pay cntinuatin r pay crdinatin fr eligible emplyees called t United States natinal active duty will be applied as fllws: Annual Training Pay Cntinuatin - Up t 80 regularly scheduled wrk hurs per calendar year at 100 percent f base r straight-time pay fr nn-deplyment related training r service (e.g., annual tw weeks, vluntary training, weekend, etc.) including training duty perfrmed n a vluntary r invluntary basis, in time f peace r war. This is in additin t any cmpensatin received frm the military. Pay cntinuatin fr training shuld nt exceed 80 hurs within a calendar year perid. The military training cde shuld be applied in the time reprting system as time is used. If the military training balance is exhausted, vacatin r persnal hlidays can be used t cntinue pay. Active Duty Pay Crdinatin The Cmpany will pay the difference between the emplyee s regular base Cmpany pay and the emplyee s military pay (ttal entitlements including military base pay and special allwances such as husing, etc.) if any, fr up t five years per leave fr each deplyment including predeplyment training. At the beginning f the MLOA, the emplyee will be placed n paid leave and prvided with 100 percent f base r straight time pay fr a ttal f tw full pay perids. During thse first tw pay perids, the emplyee must prvide a military pay stub t the Liberty Mutual Leaves Service Team. Pay crdinatin will begin during the third pay perid f the leave. If the emplyee fails t prvide a military pay stub r if military pay is greater than the emplyee s regular base Cmpany pay, the emplyee will be placed n unpaid leave (i.e., n pay crdinatin). If an emplyee s military pay changes during the MLOA, the emplyee must submit a new pay stub t the Liberty Mutual Leaves Service Team s the pay crdinatin calculatin can be revised. If the emplyee s military pay stub is submitted past the end date f pay cntinuatin, retractive prcessing f the pay crdinatin will ccur upn receipt f military pay stub. If the emplyee returns t wrk and the military leave has been clsed, there will be n retractive prcessing fr pay crdinatin nt prcessed while the leave was active. Military Leave f Absence Plicy Page 2 f 7

3 New Enlistees When an emplyee vluntarily enlists in the military, pay cntinuatin/crdinatin may be applied as fllws. If a new enlistee s initial rders include training and cntinuus deplyment, he/she will nt qualify fr pay cntinuatin, except fr the 80 regularly scheduled wrk hurs fr initial training. If a new enlistee cmpletes training and returns t full time emplyment with the Cmpany while he/she is in the reserves, he/she may qualify fr pay crdinatin if he/she is called t natinal active duty n a cntinuus leave basis. Benefits and Other Infrmatin Shrt-Term Incentive and Lng-Term Incentive Gal Prgrams Emplyees are eligible fr incentives while they are n a MLOA, as described in the applicable plan dcuments. The incentive amunt is based n their eligible earnings, including any earnings received frm the Cmpany while n leave. Vacatin Emplyees receiving pay cntinuatin r pay crdinatin under this Plicy cannt receive vacatin pay at the same time, r therwise stack benefits. Emplyees n a MLOA will be allwed t carry ver r receive accrued vacatin pay in the same manner as prvided in the Cmpany s Leave f Absence Plicy. Emplyees n military leave earn the full year s vacatin if they wrk during the calendar year. The emplyee may take all r part f the full year s untaken vacatin befre the leave begins, r upn return frm leave in the same calendar year, they may take any untaken vacatin n dates apprved by their supervisr. If an emplyee s leave f absence will carry ver int the new calendar year, the emplyee may carry ver up t 80 hurs f vacatin and chse t be paid fr any vacatin abve the 80 hurs befre they g n leave. [An emplyee may carry ver vacatin in excess f 80 hurs nly in extenuating circumstances with Department VP apprval.] Emplyees wh are n MLOA fr an entire calendar year will nt earn r accrue vacatin during that year, regardless f whether they received pay cntinuatin/crdinatin. If an emplyee wuld have been eligible fr additinal weeks f vacatin (due t length f service) during a calendar year in which they were n a MLOA fr the entire year, the additinal weeks f annual vacatin will be effective beginning the year that they return frm military leave. Vacatin balances fr emplyees n a MLOA will be tracked and mnitred in the same way as fr emplyees wh are nt n leave. Health Cverage and Other Benefits The fllwing benefits shuld be administered as described belw when an eligible emplyee is enrlled in health cverage r ther benefits and is n a MLOA fr which pay crdinatin is available. Ntwithstanding anything in this Plicy t the cntrary, if any statement abut health cverage r ther benefits in this dcument cnflicts with the gverning plan dcuments, the plan dcuments will gvern t the extent that the plan dcuments are nt incnsistent with the requirements f USERRA. These benefit prvisins apply t each MLOA fr which pay crdinatin is available, whether intermittent r cntinuus. Prir t the cmmencement f pay crdinatin, an eligible emplyee wh wh is n a MLOA may nt make any changes t his r her health cverage r ther benefits, unless such changes are therwise permitted under the terms f the applicable cverage r ther benefit. Once pay crdinatin begins, emplyees will be billed fr their benefits. When an eligible emplyee is enrlled in health cverage r ther benefits and is n a MLOA fr which pay crdinatin is nt available, the emplyee will be treated the same as any ther similarly-situated emplyee n a paid r unpaid leave f absence, as applicable. Military Leave f Absence Plicy Page 3 f 7

4 Plan Medical HSA Dental Visin HCSA DCSA Lng Term Disability Basic Life (Cmpany-paid) Supplemental Life (emplyee-paid)** Spuse Life (emplyeepaid)** Child Life (emplyee-paid) Basic AD&D (Cmpanypaid)* Supplemental AD&D (emplyee-paid)* Spuse AD&D (emplyeepaid) Upn Start f Pay Crdinatin billed fr emplyee prtin f cntributins fr cverage Discntinue: Payrll deductins discntinue (emplyee can make cntributins directly t bank) billed fr emplyee prtin f cntributins fr cverage billed fr emplyee prtin f cntributins fr cverage Cntinue: Emplyee cntributins are required t cntinue cverage Discntinue: DCSA cntributins cannt be cntinued while n military leave Discntinue: Cverage ends n the last day wrked and cannt be cntinued while n active military duty NOTE: Disability cverage is prvided under the military s prgram Cntinue: Cmpany cntinues t pay the ttal cst fr cverage. billed fr the cst f cverage billed fr the cst f cverage billed fr the cst f cverage Cntinue: Cmpany cntinues t pay the ttal cst fr cverage billed fr the cst f cverage billed fr the cst f cverage After 6 Mnths f Pay Crdinatin billed fr full cst f cverage N/A (previusly ended) billed fr full cst f cverage billed fr full cst f cverage Cntinue: Emplyee cntributins are required t cntinue cverage N/A (previusly ended) N/A (previusly ended) Cntinue: Cmpany cntinues t pay the ttal cst fr cverage Cntinue: Cmpany cntinues t pay the ttal cst fr cverage Military Leave f Absence Plicy Page 4 f 7

5 Child AD&D (emplyee-paid) billed fr the cst f cverage *Nte: These cverages have exclusins fr lsses caused r cntributed t by service in the armed frces f any cuntry r internatinal authrity, except the United States Natinal Guard. Nte: Eligible emplyees have the ptin t discntinue benefits during the perid f pay crdinatin and reinstate benefits upn return frm leave. Nte: **Sme benefits will require evidence f insurability in these cases. Retirement Benefits The retirement benefits shuld be administered as described belw when an eligible emplyee is a participant in the applicable plan and is n a MLOA. Ntwithstanding anything in this Plicy t the cntrary, if any statement abut the retirement benefits in this dcument cnflicts with the gverning plan dcuments, the plan dcuments will gvern t the extent that the plan dcuments are nt incnsistent with the requirements f USERRA. Duke Energy Retirement Savings Plan/Savings Plan fr Emplyees f Flrida Prgress Crpratin ( the Plan ) Eligible pay fr purpses f emplyee cntributins (befre-tax, Rth and after-tax), Cmpany matching cntributins, and any Cmpany nn-elective cntributins t the Plan des nt include military leave f absence pay (based n pay cde). In general, an emplyee s military leave f absence pay includes the emplyee s pay crdinatin. Once the emplyee returns t wrk, any Cmpany nn-elective cntributins that were nt made n accunt f the MLOA autmatically will be made t the participant s Plan accunt and the emplyee can make-up emplyee cntributins that culd have been made and receive any crrespnding Cmpany matching cntributin. If an emplyee wh has returned t wrk makes regular befre-tax and Rth cntributins in excess f the amunt necessary t receive the maximum regular cmpany matching cntributin fr a plan year, the befre-tax and Rth cntributins will autmatically be treated as military makeup cntributins t the extent eligible fr prir year Cmpany matching cntributins. Make-up cntributins are determined using the Plan eligible pay rate that the Cmpany determines the emplyee generally wuld have received had the emplyee nt gne n MLOA. An emplyee has a perid equal t three times the perid f their MLOA, but nt t exceed five years, t make-up emplyee cntributins t the Plan. While n a MLOA, if an emplyee has any lans frm the Plan, lan payments will be suspended. Interest n any utstanding lans will cntinue t accrue, althugh the emplyee may limit the interest as discussed belw. Once the emplyee returns t wrk, any suspended lan, including accrued interest, will be re-amrtized and lan payment deductins will resume immediately. If desired, an emplyee can prepay all r part f any unpaid lan balance in a lump sum payment, at any time, withut penalty. While n a MLOA, if an emplyee has any lans frm the Plan with interest exceeding 6%, the emplyee can cntact the myhr Service Center at and request that the lan interest be reduced t 6% fr the MLOA. Chsing t limit interest repayments t 6% may result in investment returns (including interest repayments) being significantly less than riginally anticipated when the lan was initiated. Retirement Cash Balance Plan/Other Pensin Issues While an emplyee wh is a participant is n a MLOA, pay credits t the emplyee s Retirement Cash Balance Plan accunt will be suspended. After the emplyee returns t wrk in accrdance with USERRA, the Retirement Cash Balance Plan accunt will be recalculated t include pay credits and related interest credits that the emplyee wuld have received had the emplyee nt gne n military leave. Such pay credits are Military Leave f Absence Plicy Page 5 f 7

6 determined using an eligible pay rate that the Cmpany determines the emplyee generally wuld have received had the emplyee nt gne n MLOA. Participants in any traditinal defined benefit pensin plan spnsred by the Cmpany als will be treated in a manner cnsistent with USERRA. Upn reemplyment within the time frames utlined in USERRA, all time spent n military service will be added t the frmer Cmpany service and the participant will nt be cnsidered t have a break in service. Further, benefits based n length f service as well as Unin senirity will be prvided as thugh the emplyee was actively emplyed during the time f the leave. General and peridic pay increases will be calculated in accrdance with USERRA based n the MOA. Returning Frm a MLOA An emplyee shuld cntact his/her supervisr and the Liberty Mutual Leave Service Team in advance regarding plans t return t wrk and t discuss psitin reinstatement. Per USERRA, emplyees have time limits fr returning t wrk: Less than 31 days service: By the beginning f the first regularly scheduled wrk perid after the end f the calendar day f duty, plus time required t return hme safely and an eight hur rest perid. If this is impssible r unreasnable, then as sn as pssible. 31 t 180 days: The emplyee must cntact the Cmpany regarding reinstatement/reemplyment n later than 14 days after cmpletin f military service. If this is impssible r unreasnable thrugh n fault f the emplyee, then as sn as pssible. 181 days r mre: The emplyee must cntact the Cmpany regarding reinstatement/ reemplyment n later than 90 days after cmpletin f military service. Service-cnnected injury r illness: Reprting r applicatin deadlines are extended fr up t tw years fr persns wh are hspitalized r cnvalescing. An emplyee n apprved military leave will remain n apprved military leave status during the USERRA defined return t wrk perid. If military pay changes during the return t wrk perid, the emplyee shuld prvide an updated pay stub r ntificatin f pay change (e.g. military pay cncludes) t the Liberty Mutual Leave Service Team s the pay crdinatin calculatin can be revised. Pay crdinatin will nt exceed the timeframe f five years frm the riginal deplyment. Discharge rders shuld be prvided t the Liberty Mutual Leave Service Team. The emplyee s reemplyment rights and benefits upn release frm military duty in the Unifrmed Services will be determined by applicable state and federal law at the time f their reprting t wrk r submitting an applicatin fr reemplyment. Emplyment Date/Service Date An emplyee s riginal r adjusted emplyment date at the beginning f the MLOA will nt be affected if the emplyee is reinstated in accrdance with these leave prvisins and USERRA. Cmpany Required Physicals When an emplyee returns frm a MLOA, the emplyee may be required t underg a physical examinatin if there is a business necessity (i.e., based n an ccupatinal clearance). When an emplyee s wrk functin requires an ccupatinal medical clearance physical exam r a physical functinal skills test, the emplyee must ntify Medical Services r Human Resurces fllwing any significant persnal medical event, any significant change in the use f prescriptin medicatin, r any significant change in his/her health that affects an emplyee s ability t maintain medical clearance befre returning t wrk. This ntificatin is necessary in rder t have the adequacy f the required medical clearance exam re-verified. Military Leave f Absence Plicy Page 6 f 7

7 Drug Screen Any emplyee wh is n a cntinuus leave fr mre than 180 days will have a drug screen befre returning t wrk. Emplyees with Department f Transprtatin, Nuclear, r ther regulatry clearances wh are nrmally subject t randm drug screening may have a drug screen when required by regulatin fllwing any extended absence frm wrk. System and Facility Access During leaves lasting mre than 30 calendar days, system access may be temprarily suspended r invalidated. Hwever, access t facilities via an emplyee ID badge will nt be terminated, except fr emplyees with unescrted access t the Cmpany s nuclear facilities. In accrdance with Nuclear Regulatry Cmmissin (NRC) requirements and the Duke Energy Nuclear Access Prgram, unescrted access t the Cmpany s nuclear facilities will be terminated when an individual has nt been cvered by an apprved behavir bservatin prgram fr greater than 30 days. T regain unescrted access, the individual must cmplete the reinstatement prcess as required by the NRC and the Duke Energy Nuclear Access prgram. In mst cases, this will cnsist f cmpletin f a self-disclsure frm. In sme cases a drug and alchl screen is required. Training Once an emplyee returns frm a MLOA, he/she will be required t cmplete any cmpliance r ther types f required training missed during his/her leave f absence. Outstanding Cash Advances/Travel Expenses Prir t an emplyee beginning a MLOA, utstanding cash advances and travel expense reprts shuld be prcessed, if the leave is freseeable. Service Awards Emplyees are eligible t receive any service award earned fr service during the MLOA. Military Leave f Absence Plicy Page 7 f 7