As employment law attorneys for businesses in South Carolina, we deal with issues regarding leave for military employees. Your Military Leave Policy should also clearly indicate the obligations of your Reservist employees or student Reservists who are requesting such leave, in addition to the benefits you wish to offer or the constraints you might wish to impose. 8. This section comprises a detailed sample military leave policy that takes into account the issues discussed in the preceding sections. The voluntary support of Reservists by employers is the key to a successful partnership that will benefit both employers and their Reservist employees. You will also find contact information for the members of the Canadian Forces Liaison Council who can help you at any stage in the process. You will then be better informed in assessing your Reservist’s military activities to arrive at a Military Leave Policy that is best suited for your company or educational institution. Use Patriot’s online payroll software. That way, you can benefit from their military training and experiences – and your Reservist employee can invite you to learn first hand about such training by visiting military establishments and exercises, or by attending sessions on employer support conducted in the community or at military units. Military Leave Policy. The law sets forth rights and responsibilities for uniformed service members and their civilian employers. Similarly, many educational institutions have gone out of their way to support student Reservists. Instantly access free expert advice, management strategies and real-life examples of workplace 6. In cases where circumstances do allow for the required notice period, the employee is responsible for notification in accordance with procedures for reporting unexpected absences using the most expedient method available. You must accommodate your returned employee by providing them with refresher training plus any other necessary training. Exercises. Employees must leave civilian work for the purpose of military service; nothing else. Service members are loyal and productive. Although the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) does not require pay during military leave… Free payroll setup to get you up and running and support to smoothly run payroll. The following sample policies were excerpted from The Book of Company Policies, published by HR Specialist, © 2007. The XYZ Corporation will reinstate employees to the position held prior to the period of military service or to the position they would have attained had they not performed military service. The XYZ Company supports Canada's Reserve Force and any employee who is a member of the Reserve Force. The granting of special consideration under the provisions of this policy is subject to prior submission by the student to the institution of a written request for same, and subsequent approval by the institution of such a request. You could simply have a separate clause covering different circumstances, including communications between you and your Reservist employee, especially in the case of emergency deployments. A period of time, (usually two weeks) that is scheduled annually by the employee's Reserve Force element (Naval, Army, Communication or Air). The employee designates what period the contributions cover. What Do Employers in the Carolinas Need to Do to Prepare for the Coronavirus? If your Reservist-employee requires extended military care and is either unable to return to work, full-time or at all, the Reservist’s Commanding Officer or designate will keep you informed of his/her condition and is available to provide you advice on steps to be taken. An event within Canada that has resulted in the Armed Forces (including the Reserve) being called in to assist civilian authorities. Search, Uniformed Services Employment and Reemployment Relief Act of 1994, Military Service Benefits: SCRA and USERRA, Civilian Employment After the Military: What You Should Know, Active duty, including Reserve and National Guard duty, The employee gave the employer advanced written or verbal notice of military service or training, The employee's cumulative military leave does not exceed 5 years, The employee was discharged under honorable conditions, The employee applied for reemployment within the specified time, Changes in the workplace make it impossible (or nearly so) to reinstate the employee, Reinstatement would create an undue hardship for the employer (in the context of a disability, this could be the unavailability of a reasonable accommodation), Employment of servicemember was so brief that there should be no reasonable expectation to return. Employees who are also military personnel in the Reserve or National Guard will at times need to take leave for military training, mobilization, or deployment. Any deviation from these employee obligations could jeopardize the applicability of USERRA to that employee. Exercise. A Reservist employee may therefore on occasion ask for leave for an extended military training period, depending on the career pattern. Domestic Operation. Reservists are entitled to compensation when they are incapacitated due to injury, disease or illness attributable to military service. In cases where short notice is given by the military, written notice must be provided as soon as feasible. (ii) withdrawal without receiving a grade of “fail” for the course(s) or program(s). 17.1. Military leaves of absence will be provided to regular and benefits-eligible staff in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and applicable North Carolina laws that protect individuals with military commitments from detrimental employment decisions based on those commitments. No XYZ Corporation employee, upon notification to his or her first-line supervisor, manager, or worksite Human Resource Department of upcoming periods of military service, shall be required to resign from XYZ Corporation. Under most circumstances, Reservists are notified in advance of their selection for a course, training, exercise or operation by formal military correspondence. Canadian Reservists are highly motivated, very capable men and women. We recommend using Seniority is not affected by military leave periods for exercises, trade/occupational training, domestic or international operations. About one-third of the Reserve Force are students attending post-secondary institutions. Microsoft Edge. Reservists therefore know in advance when they will be able to return to work. Legislation amends Federal, Provincial or Territorial labour codes and employment standards, but sets the minimum standards for employers to follow in terms of minimum notice to proceed and return from leave, defining length of absences, frequency of absences, benefits to be granted, etc. The employee does not need to give you a copy of their military orders. USERRA benefits apply to the following type of uniformed service: When a service member returns from military leave, the guarantee of reemployment in a civilian job applies if: The USERRA provides exceptions to the five-year limitation when certain situations apply. Military training activities can include weekend training exercises or military courses of longer duration. These responsibilities and obligations can be set out in your Military Leave Policy. South Carolina, like other states, has state and National Guard service members living and working within the state. Policies will inevitably vary from company to company depending on their size, role and organization; the position held by the Reservist in the organization; the ability to replace individuals on an extended period of leave; terms of collective agreements, etc. They bring leadership and management skills to their civilian jobs, and many of the technical skills they learn through military training and experience are easily transferred to the civilian workplace. The skills they develop in the military are carried over into their civilian lives, and your company benefits from employing individuals who have demonstrably superior leadership and problem solving skills, communications and leadership ability, and who know first-hand the meaning of teamwork. If you provide other benefits to other employees who are on non-military leave (e.g. Although military leave may be without pay, employers/educational institutions may instead decide to provide “top up” pay to make up the difference where Reserve pay is less than civilian pay. However, the requirements for support for these two groups of Reservists may be very different, depending on an individual’s circumstances. Your policy may be very short, or more complex, depending on the number of leave requests you expect to get each year, what you anticipate the impact of granting leave will be and the details included in your jurisdiction’s job protection legislation. For non-emergency domestic operations, written notification must be submitted in the same manner as trade/occupational training requests. 2.3. If such a request is approved by the institution, the student shall, as far in advance as is reasonably possible, provide the institution with a statement signed by his or her Commanding Officer detailing the date(s) and time(s) when attendance at the military exercise(s), training course(s) and/or full-time service is to take place. This can be done through a series of post-dated cheques or lump sum payment prior to departure. You must follow the USERRA military leave policy. These obligations include the requirement to give sufficient warning of a departure and a mutually agreed date for the person’s return. If an employee properly takes leave pursuant to USERRA, once the employee returns to work, the employer must reinstate the employee to his/her previous position or a position of the same seniority, status and salary the employee would have had if he had not taken leave. The institution may approve a request for special consideration by a student if, in its discretion, it determines that: (a) the student is being, or has been, disadvantaged financially or academically as a result of participation in military activities; (b) the disadvantage is so substantial as to warrant the granting of special consideration to the student by the institution; and. Pay and benefits will be maintained for domestic operations not exceeding two weeks. This includes courses that are not trade-specific but may be required for progression in the reserve organization, including courses required for promotion to their next rank or courses or assignments that are required prior to assuming greater responsibility within their Reserve Force element. The policy can also require the Reservist to notify you in writing and provide you with written justification for an absence for military deployment or training. Military leave is considered a privilege and is unlikely to be abused. Generally for service less than 31 days, the employee must return at the beginning of the next regularly scheduled work period. 3. Try our payroll software in a free, no-obligation 30-day trial. This Guide will assist employers, managers, Human Resources professionals and supervisors in writing a Military Leave Policy to assist your Reservist employees and/or student Reservists. Learn more about FindLawâs newsletters, including our terms of use and privacy policy.