Military Leave (Hard)

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Questions and Answers

What happens to an employee's seniority upon reemployment after military leave?

They lose all previously accumulated seniority.

They retain only the seniority they had at the start of their leave.

They receive seniority based on the time they would have worked had they not taken leave. (correct)

They start over with no seniority.

For how long cannot an employee be discharged after reemployment if their military service was over 30 days?

180 days if the service was over 30 days. (correct)

One year if the service was under 181 days.

90 days if the service was over 30 days.

90 days at minimum.

What type of documentation must an employee provide upon reapplication for employment?

Military discharge documentation. (correct)

Proof of financial stability.

Personal identification verification.

A statement of employment history.

How does military service affect eligibility for FMLA leave once an employee returns to work?

Entire time spent in military service counts toward eligibility. Signup and view all the answers

What condition applies if an employee’s military service duration was more than 180 days?

They cannot be discharged for one year after reemployment. Signup and view all the answers

What is the primary commitment of the Spring Fire Department regarding employees on military leave?

Ensuring job protection and non-discrimination. Signup and view all the answers

Under the Spring Fire Department's policy, what grounds would not be acceptable for denying employment?

Membership in the Uniformed Services. Signup and view all the answers

Which of the following situations qualifies for military leave benefits as per the policy?

Active military service and funeral honors duty. Signup and view all the answers

How long are the military leave benefits generally limited according to the policy?

Five years. Signup and view all the answers

What actions are employees protected from under the Spring Fire Department's military leave policy?

Retaliation for exercising military leave rights. Signup and view all the answers

What preference is given for notifying Spring Fire Department about the need for military leave?

Written notice whenever possible. Signup and view all the answers

Which of the following is required for requesting a military leave of absence?

No application is required under the law or policy. Signup and view all the answers

What should an employee do if they believe they have faced discrimination concerning military leave?

Immediately contact the Human Resources Department. Signup and view all the answers

What is the maximum period for which Spring Fire Department pays employees on temporary or extended leave their base salary?

31 days Signup and view all the answers

After the initial 31-day period of military leave, for how long can an employee continue group health insurance at COBRA rates?

24 months Signup and view all the answers

What happens to the group life/AD&D insurance provided by Spring Fire Department when an employee becomes active military?

It terminates immediately Signup and view all the answers

Which of the following insurances does NOT continue when an employee goes on military leave?

Group long-term disability insurance Signup and view all the answers

What must an employee do if they intend to return to work after military leave?

Submit application for reemployment to Human Resources Signup and view all the answers

While on military leave of absence status, what do employees NOT accrue?

All of the above Signup and view all the answers

What action must the previous supervisor take if an employee on leave does not return to work?

Notify Human Resources Department Signup and view all the answers

Which type of insurance terminates the earliest upon an employee's activation for military service?

Voluntary supplemental life/AD&D insurance Signup and view all the answers

What must dependents submit to exercise the conversion option after coverage termination?

A written application and the first premium payment Signup and view all the answers

For an employee with less than 91 days of military service, what applies to their reemployment?

Reemployment in a position they would have attained were it not for military service Signup and view all the answers

What happens if an employee with more than 90 days but less than 5 years of military service is found not qualified for their previous position?

They are employed in a position of like seniority and status if qualified Signup and view all the answers

What is a requirement for an employee with a service-connected disability if they are not qualified for their prior position?

They can be employed in a similar position or the nearest approximation Signup and view all the answers

If an employee has a service-connected disability, what effort must the employer make before denying reemployment?

The employer must make reasonable accommodation efforts Signup and view all the answers

What is the condition for an employee's prompt application for reemployment?

It must occur immediately following the termination of coverage Signup and view all the answers

What is required from the employee within 31 days of coverage termination?

Submission of a written application and the first premium payment Signup and view all the answers

If an employee has served over 90 days but is not qualified, what position should they be placed in?

A position of like seniority, status, and pay if qualified Signup and view all the answers

What is the maximum number of days an employee has to submit an application for reemployment if their military service was 31 days or more but less than 181 days?

14 days Signup and view all the answers

In which situation is an employee entitled to reemployment regardless of the time taken for military service?

If hospitalized for a service-connected injury. Signup and view all the answers

What is the earliest an employee can report for reemployment after serving less than 31 days?

The first working day after completion of service Signup and view all the answers

Which of the following conditions would NOT prevent an employee from being entitled to reinstatement?

The employee received an honorable discharge. Signup and view all the answers

If an employee finishes military service and suffers an injury related to that service, what is their time frame for applying for reemployment?

Within 2 years Signup and view all the answers

Under which condition could reemployment become impossible?

If the employee's role no longer exists due to organizational changes. Signup and view all the answers

What determines the timeframe an employee has to apply for reemployment after military service exceeding 180 days?

Completion of service Signup and view all the answers

Which of the following statements about an employee returning from military service is incorrect?

An employee’s brief prior employment will always affect reemployment rights. Signup and view all the answers

Study Notes

Military Leave Purpose

Spring Fire Department protects the job rights of employees due to military leave.
The department is prohibited from discriminating against military members and provides benefits, including pay, insurance, and seniority.

Scope

Employees taking part in a variety of military duties are eligible for benefits under this policy.
These duties include leave of absence taken by members of the uniformed services, Reservists, National Guard members, periods of active military service, funeral honors duty, as well as time spent being examined to determine fitness for such service.
Benefits are generally limited to a maximum of five years of leave of absence.

Procedure/Policy

Written notice of leave is preferred but not required under law.
A Request for Leave of Absence Form should be obtained from Human Resources but is not required.
The employee will receive their base salary for up to 31 days.
Employees can use accrued paid vacation or personal leave during their absence.

Benefits

Employees on extended military leave can continue group health insurance coverage for up to 31 days.
Employees and covered dependents can continue coverage for up to 24 months at COBRA rates.
Group life/AD&D and group long-term disability insurance terminates on the day the employee becomes active military.
Vacation, personal, and sick leave do not accrue while on military leave.
Voluntary supplemental life/AD&D insurance terminates on the day the employee becomes active military.

Reemployment

Employees are reemployed in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA).
For military service under 91 days, employees are reemployed in the position they would have attained had they not been absent or in their previous position.
For military service over 90 days and under 5 years, employees are reemployed in the position they would have attained or a similarly qualified position.
For employees with service-connected disabilities, reasonable accommodation efforts are made to reemploy in a similar position.

Application for Reemployment

Employees must submit an application for reemployment within specific timelines depending on their service length: less than 31 days, 31 days to 181 days, over 180 days, or hospitalization for service-connected injury.

Exceptions to Reemployment

Reemployment is not guaranteed if the employee:
- Failed to apply for reemployment in a timely manner.
- Spring Fire Department’s circumstances have changed, making reemployment impossible or unreasonable.
- Reemployment would pose an undue hardship on Spring Fire Department.
- The employee's previous employment was brief and non-recurrent.
- The employee did not receive an honorable discharge from military service.

General Benefits Upon Reemployment

Employees receive seniority and benefits based on their previous status and any additional seniority and benefits they would have attained had they remained continuously employed.
Time spent on active military duty counts towards FMLA leave eligibility.
Employees with more than 30 days of service cannot be discharged except for cause for 180 days or one year after reemployment, depending on service length.

Documentation

Upon reapplication, the employee must provide Spring Fire Department with military discharge documentation to establish application timeliness, service duration, and honorable discharge.

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Description

Explore the military leave policy of the Spring Fire Department, which ensures the protection of job rights for employees who serve in the military. This quiz covers eligibility, benefits, and procedures for employees taking military leave, including pay and insurance specifics.