do i have to pay an employee on military leave?

An employee may be charged military leave only for the hours that the employee would otherwise have worked and received pay. A covered employer must grant an eligible employee up to a total of 26 workweeks of unpaid, job-protected leave during a “single12-month period” to care for a covered servicemember with a serious injury or illness. Employees are protected regardless of whether they volunteered or were ordered involuntarily to active duty.Must an employer pay an employee while he or she is on active duty? The employee must be the spouse, son, daughter, parent, or next of kin of the covered servicemember. If your company pays for the employee's share of insurance premiums while the employee is on medical leave, the employer also is required to provide the same benefit to the employee on a military leave of absence. If and to the extent that your employer provides any other benefits (not relating to health care) to employees who have been furloughed (laid off) or to employees on some kind of non-military leave (jury leave, educational leave, etc. USERRA does not require employers to pay employees while on military leave. While employers must permit leave under USERRA and must reinstate employees to their previous position with appropriate pay and status, employers do not have to offer this leave as paid unless they offer paid leave for non-military reasons of similar length and circumstances. If an employee is no longer qualified due to disability sustained during military duty, the employer must restore the employee to a position with like seniority, status, and pay, unless the employer's circumstances have changed so as to make it impossible or unreasonable to do so. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994, an employer may not require the employee to use accrued vacation, annual, or similar leave during a military service.The law covers all public and private employers. However, employers are required to reserve a position for the employee and to restore payment, benefits, and applicable seniority upon the employee’s return from a military leave of absence. Help for Employers. The principle behind the escalator position is that, if not for the period of military service, the employee should be reemployed in a position that reflects with reasonable certainty the pay, benefits, seniority, and other job perquisites that he or she would have attained if not for the period of service. What if an employee volunteers for military service? Federal military leave policy does not require employers to pay employees while they are on military leave. While many employers offer differential pay or a specific number of paid military leave days, an employer is not required to pay an employee on military leave of absence. Thank you for your inquiry regarding paid leave for an employee on military leave. In addition, discuss how the employee's premiums will be handled. Military leave is unpaid. MILITARY CAREGIVER LEAVE . 13. For information about the increments in which leave may be used, please visit the OPM Military Leave page’s Days of Leave section. The earnings code is 077 for Military Differential Pay. Employees returning from military leave are also entitled to any raises, seniority, additional work duties, or other benefits that they would have received if they never left. USERRA does not distinguish between volunteers and those ordered to perform military service. Differential pay will be entered into the Human Resources System by campus personnel representatives on a monthly basis through an additional pay request action once the 30 calendar days of full pay have been taken. In addition to the USERRA, employers and employees should consult their state government for guidelines that apply to military pay and employment. Right to Job Security Military employees who are reinstated are entitled to temporary job protection as well. If you meet the eligibility requirements for using the 22 workdays of military leave, you may elect to use accrued annual leave or available compensatory time earned prior to using the 22 workdays of military leave. It’s not uncommon for your company to go through a transition period after losing an employee, such as to military leave.

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