Military Leave
Alex2003
38 Posts
I have an employee who went on active duty military leave back in 2001 and came back in 2003. He was reemployed in his previous capacity/pay/benefits.
The leave was unpaid and, per the County policy (and the law as I read it), when on active military leave, there is no pay, benefits, accruals of any type provided.
His anniversary was right before he left, so he started accruing his new vacation rate prior to his leave. When he returned, he was not eligible for any new step in accruals.
From my reading of the law, he should not be getting any credit for the time he stayed out in terms of vacation/personal time/sick accruals. His service credit, of course, does include his time in the service.
I believe the County's policy follows the USERRA law of 1994 and its sections 4316 (d) and 4317.
So, my question is: is he or is he not eligible for vacation/personal time accruals when he was on his active duty military leave. Thanks.
Alex
The leave was unpaid and, per the County policy (and the law as I read it), when on active military leave, there is no pay, benefits, accruals of any type provided.
His anniversary was right before he left, so he started accruing his new vacation rate prior to his leave. When he returned, he was not eligible for any new step in accruals.
From my reading of the law, he should not be getting any credit for the time he stayed out in terms of vacation/personal time/sick accruals. His service credit, of course, does include his time in the service.
I believe the County's policy follows the USERRA law of 1994 and its sections 4316 (d) and 4317.
So, my question is: is he or is he not eligible for vacation/personal time accruals when he was on his active duty military leave. Thanks.
Alex
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