USERRA Regulations

franfields

I read the regulations but I couldn't find this.

If the person on military leave is paid their salary while away, when they return can they have the difference between their military pay and what the employer paid them be recouped through an installment deduction plan?

Hunter1

I suppose you could, but why would you make the payment in the first place only to attempt to recoup it when the individual returned? And, where's the logic in deducting the difference between military pay and full salary? I'm not understanding something about this question.

franfields

The client who deals with disabled veterans is sensitive when anyone is called to duty and wants to make sure the family is taken care of without having to wait for the paycheck to arrive. I have no experience with military pay so I don't know if that is a concern.

HRinFL

I am not sure that the regs cover this, from what I remember, the issue of compensation is left to the employer and that there is no obligation to pay wages when an ee is actively serving. It does contain language that the ee be offered COBRA benefits and that the insurance for the ee be restored when they become current with the premiums. It also says that if the ee continues to make payments to a retirement fund, such as a 401(k), spnsored by the employer, the employer must credit the ee's account with any company matched contributions when the ee returns to active employment, as well as credit any other benefit accounts, be returned to the same position (or if the ee would have been promoted, to that position), etc.

I have a problem giving the ee the money up front to "help the family" and then turn around and basically ask for it back when the ee returns. Who is to say that the ee and his or her family would not need that money when returning from active duty, or would be in a financial positioin to "refund" the money. IMHO, you pay or you don't. If you pay, don't take it back.

franfields

Thanks for the input. I agree if they want to be generous, do so by paying only the differencebut I wanted to make sure my thinking fit in with any legal requirements.

marc

Our policy is not as generous as yours. Ours acts a little bit like Jury pay - paying the difference between the jurors pay and the companies pay for a limited time frame.

In our case, the policy is targeted more toward "reservists" situation - we pay up to two weeks of pay differential during training. We do not make up the difference in the case of active duty.

During our 20 years - not one person has been in the reserves or active military while employed in our company. Several spouses have been, but no EEs.

I agree that the takeback is a challenge - sounds like someone forgot to adjust to only pay the differential?

franfields

I had lunch with my client and we are going to change the policy to pay the differential. Thanks, all!!