|
The following questions and answers concerning Military Leave have been developed to assist State employees who are subject to G.S. 126 that have been called or volunteer for active duty.
Q. Does an employee who volunteers for reserve action receive the same benefits as those who are called?
Yes, an employee who voluntarily enlists for active service must be granted leave without pay the same as those being called to active duty.
Q. Can an employee use the 120 hours of military leave with pay when called to active duty?
Yes, employees may use the 120 hours of military leave with pay before going on leave without pay. For "Operation Enduring Freedom," in addition to the 120 hours available for fiscal year 2001-2002, employees have the option of using the 120 hours that would normally be used in the next federal fiscal year (10/01/02-09/30/03). In addition, they continue to earn leave and total State service.
Q. Does the reservist accrue benefits while on leave without pay for active duty?
No leave is granted while the employee is on leave without pay. However, total State service credit is given as if the employee is working.
Full retirement membership service credit is given for a period of leave without pay after being released under honorable conditions. The employee must file with the Teachers' and State Employees' Retirement System a copy of the service record showing dates of entrance and separation. No contribution is required to receive this credit.
If an employee wishes to continue to receive voluntary benefits under NC FLEX the employee is advised to contact their Health Benefits Representative at the earliest opportunity to review the options. There are three options, pre-pay, pay-as-you go or terminate the coverage. In any event, a family/employment status change form needs to be processed.
If an employee wishes to continue other elective benefits (e.g. life, accident, dental or cancer insurance), the employee will need to contact their agency's Health Benefits Representative. Health Benefits Representatives typically can be contacted by calling the Human Resources Office.
Q. Do health benefits continue?
Coverage in the State Health ends on the last day of the month in which the individual enters active service. The reservists and their dependents are covered by the military health and benefits program.
As in all situations where coverage ends, the employee may elect to continue employee and/or dependent coverage (COBRA) for a period of up to 18 months. That cost would be borne by the employee or dependents.
Q. Will reservists get their jobs back after release from active duty?
Yes. The law requires employers to give returning reservists the same position or one of like status and pay. Status includes seniority and other attributes of the position, such as working conditions, opportunities for advancement, job location, shift assignments, responsibility, etc., provided the employee meets federal and state eligibility criteria as follows:
-
That the job held must have been an "other than temporary" job.
-
The employee must have left the job for the purpose of entering active duty (either voluntarily or involuntarily).
-
The period of active duty must not be longer than five years.
-
Release from active duty must be under honorable conditions.
Q. Do reservists have to report to their jobs immediately after release from military duty?
The time limit for submitting an application for reemployment or reporting back to work depends upon the length of uniformed service. The service duration and periods for returning or applying for reemployment are as follows:
-
Less than 31 days, must return at the beginning of the next regularly scheduled work period on the first full day after release from service, taking into account safe travel home plus an 8 hour rest period.
-
More than 30 days but less than 181 days, must submit a written or verbal application for reemployment with the agency not later than 14 days after the completion of the period of service.
-
More than 180 days, by submitting an application with the agency not later than 90 days after the completion of the period of service.
Q. If the employer makes staff reductions while the reservist is gone, can the reservist's job be terminated?
An employer can terminate a reservist's job but would have to prove that the position would have been terminated regardless of the absence. The burden of proof is on the employer. Otherwise, the employer would have to rehire the returning reservist in a comparable job with comparable pay.
Q. What happens if a reservist is wounded or disabled while on active duty and unable to perform the job after returning?
If, during military service, the employee suffers a disability incurred in, or aggravated during, uniformed service, to the extent that the duties of the escalator position cannot be performed, the employee shall be reinstated to a position most nearly comparable to the escalator position, with duties compatible with the disability and without loss of seniority.
Q. Can the employer transfer a reservists upon return to work?
Yes, as long as the employer can prove that the position - not the individual was transferred.
|
