Spring Fire Department Military Leave Policy PDF

**[PURPOSE]** Spring Fire Department is committed to protecting the job rights of employees absent on military leave. In accordance with federal and state law, it is the Department's policy that no employee or prospective employee will be subjected to any form of discrimination on the basis of that...

**[PURPOSE]** Spring Fire Department is committed to protecting the job rights of employees absent on military leave. In accordance with federal and state law, it is the Department's policy that no employee or prospective employee will be subjected to any form of discrimination on the basis of that person's membership in or obligation to perform service for any of the Uniformed Services of the United States. Specifically, no person will be denied employment on the basis of such membership. Furthermore, no person will be subjected to retaliation or adverse employment action because such person has exercised his or her rights under applicable law or this policy. If any employee believes that he or she has been subjected to discrimination in violation of this policy, the employee should immediately contact the Human Resources Department. **[SCOPE]** Employees taking part in a variety of military duties are eligible for benefits under this policy. Such military duties include(s) leave of absence taken by members of the uniformed services, including Reservists, National Guard members for training, periods of active military service, funeral honors duty, as well as time spent being examined to determine fitness to perform such service. Subject to certain exceptions under applicable laws, these benefits are generally limited to five years of leave of absence. **[PROCEDURE/POLICY]** 1. Unless military necessity prevents it, or is otherwise impossible or unreasonable, an employee should provide Spring Fire Department with notice of the need for leave as far in advance as is reasonable under the circumstances. Written notice is preferred, but not required under the law or policy. 2. To request a temporary or extended military leave of absence, the employee should generally obtain a Request for Leave of Absence Form from Human Resources. However, a written application is not required under the law or this policy. 3. Human Resources will review and sign the Request for Leave of Absence Form, collect any applicable insurance premiums from the employee, generate other applicable documents and process accordingly. 4. Spring Fire Department will pay employees on temporary or extended leave their base salary for up to 31 days. Employees on temporary or extended military leave may, at their option, use any or all accrued paid vacation or personal leave during their absence. 5. When the employee intends to return to work, he or she must make application for reemployment to Human Resources within the application period set forth below. 6. If the employee does not return to work, the employee's previous supervisor must notify the Human Resources Department so that appropriate action may be taken. **[\ BENEFITS]** If an employee is absent from work due to military service, benefits will continue as follows: 1. An employee on extended military leave may elect to continue group health insurance coverage for the employee and covered dependents under the same terms and conditions for a period not to exceed 31 days from the date the military leave of absence begins. The employee must pay, per pay period, the premium normally paid by the employee. After the initial 31-day period, the employee and covered dependents can continue group health insurance up to 24 months at COBRA rates. 2. The group life/AD&D insurance provided by Spring Fire Department will terminate the day the employee becomes active military. 3. The group long-term disability insurance provided by Spring Fire Department will terminate the day the employee becomes active military. 4. Employees do not accrue vacation, personal leave or sick leave while on military leave of absence status. 5. Voluntary supplemental life/AD&D insurance (if so offered), will terminate the day the employee becomes active military. Converting to an individual policy, may continue voluntary dependent life insurance coverage. To exercise the conversion option, dependents must submit a written application and the first premium payment within 31 days immediately following the termination of coverage. **[REEMPLOYMENT]** Upon an employee's prompt application for reemployment (as defined below); an employee will be reinstated to employment in the following manner depending upon the employee's period of military service: 1. **Less than 91 days of military service:** (i) in a position that the employee would have attained if employment had not been interrupted by military service; or (ii) if found not qualified for such position after reasonable efforts by Spring Fire Department, in the position in which the employee had been employed prior to military service. 2. **More than 90 days and less than 5 years of military service:** (i) in a position that the employee would have attained if employment had not been interrupted by military service or a position of like seniority, status, pay and the duties of which the employee qualified to perform; or (ii) if proved not qualified after reasonable efforts by Spring Fire Department, in the position the employee left, or a position of like seniority, status, pay and the duties of which the employee is qualified to perform. 3. **Employee with a service-connected disability:** if after reasonable accommodation efforts by the employer, an employee with a service-connected disability is not qualified for employment in the position he or she would have attained or in the position that he or she left, the employee will be employed in (i) any other position of similar seniority, status and pay for which the employee is qualified or could become qualified with reasonable efforts by Spring Fire Department; or (ii) if no such position exists, in the nearest approximation consistent with the circumstances of the employee's situation. **[APPLICATION FOR REEMPLOYMENT]** An employee who has engaged in military service must, in order to be entitled to the reemployment rights set forth above, submit an application for reemployment according to the following schedule: 1. **If service is less than 31 days** (or for the purpose of taking an examination to determine fitness for service), the employee must report for reemployment at the beginning of the first full regularly scheduled working period on the first calendar day following completion of service and the expiration of eight hours after a time of safe transportation back to the employee's residence. 2. **If service is for 31 days or more but less than 181 days**, the employee must submit an application for reemployment with the Human Resources Department no later than 14 days following the completion of service. 3. **If service is over 180 days**, the employee must submit an application for reemployment with the Human Resources Department no later than 90 days following the completion of service. 4. **If the employee is hospitalized or convalescing from a service-connected injury**, the employee must submit an application for reemployment with the Human Resources Department no later than two years following completion of service. **[EXCEPTIONS TO REEMPLOYMENT]** In addition to the employee's failure to apply for reemployment in a timely manner, an employee is not entitled to reinstatement as described above if any of the following conditions exist: 1. Spring Fire Department's circumstances have so changed as to make reemployment impossible or unreasonable. 2. Reemployment would pose an undue hardship upon Spring Fire Department. 3. The employee's employment prior to the military service was merely for a brief, non-recurrent period and there was no reasonable expectation that the employment would have continued indefinitely or for a significant period. 4. The employee did not receive an honorable discharge from military service. **[GENERAL BENEFITS UPON REEMPLOYMENT]** Employees reemployed following military leave will receive seniority and other benefits determined by seniority that the employee had at the beginning of military leave, plus any additional seniority and benefits the employee would have attained, with reasonable certainty, had the individual remained continuously employed. An employee's time spent on active military duty will be counted toward their eligibility for FMLA leave once they return to their job at Spring Fire Department. If the employee's most recent period of service in the uniformed services was more than 30 days, he or she must not be discharged except for cause for 180 days after the date of reemployment; if the most recent period of uniformed service was more than 30 days but less than 181 days; or, for one year after the date of reemployment if the employee's most recent period of uniformed service was more than 180 days. **[DOCUMENTATION]** An employee's supervisor will, upon the employee's reapplication for employment, request that the employee provide Spring Fire Department with military discharge documentation to establish the timeliness of the application for reemployment, the duration of the military service and the honorable discharge from the military service.