In accordance with Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and applicable state statutes, FictionSoft applicants and employees who apply or perform military service, whether on a voluntary or involuntary basis in a uniformed service, will not be denied initial employment, re-employment, retention in employment, promotion, or any benefit of employment on the basis of the performance of military service.
Eligible military service includes performance of duty on a voluntary or involuntary basis in a uniformed service, including active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, and a period of time for which the employee is absent to determine fitness for duty. Any employee who enters the uniformed services of the United States will be granted a military leave of absence. To qualify for re-employment, an employee must have the following:
•Written notice given to the employee’s manager in advance of service, unless the giving of notice is precluded by military necessity.
•A cumulative length of absence, including any previous military absence while employed by the company, which does not exceed five years.
•Applied for re-employment with the company according to these guidelines:
•Length of service less than 31 days – Return to work no later than the next regular work day after completion of service and time to travel from place of service to residence, plus eight hours.
•Length of service more than 30 days but less than 181 days – Submit application for re-employment with Human Resources and be prepared to return to work fourteen (14) days after completion of service;
•Length of service more than 180 days – Submit application for re-employment with Human Resources and be prepared to return to work within ninety (90) days after completion of service.
If you are a full-time employee and are inducted into the U.S. Armed Forces, you will be eligible for re-employment after completing military service, provided:
1. You show your orders to your manager as soon as you receive them.
2. You satisfactorily complete your active duty service.
3. You enter the military service directly from your employment with the company.
4. You apply for and are available for re-employment within ninety (90) days after discharge from active duty. If you are returning from up to six (6) months active duty for training, you must apply within a reasonable time (usually thirty (30) days) after discharge.
Upon return to work, the employee will be placed in the position he would have attained were it not for the break in employment, unless the employee is not qualified to perform that job and cannot be trained through reasonable efforts of the company. If not so qualified, the employee will be placed in the position the employee held when the military leave commenced, or a position of like seniority, status, and pay. If a disability incurred during or aggravated by military service prevents the employee from performing the job he or she would have held were it not for the break in service, despite the company’s efforts at reasonable accommodations of the disability, the employee will be placed in a position of like seniority, status, and pay, if one is available. If no such position is available, the employee will be placed in a job, which is the nearest approximation of like seniority, status, and pay.
Military leaves are unpaid, but the employee may use accrued vacation pay during the absence. An employee will be allowed to continue health care insurance coverage at their current level of coverage by paying the employee portion of the insurance costs during the absence for the first twelve (12) weeks of military leave. Thereafter, the employee must pay one hundred and two percent (102%) of the insurance costs to continue health care insurance coverage at their current level of coverage. Coverage will continue until the earlier of: (1) eighteen (18) months from the date the military absence began; or (2) the day after the date on which the employee was to have applied for re-employment as defined above. An employee will not continue to accrue vacation time while on leave. Upon re-employment, any break in employment due to military service will not be treated as a break in service for purposes of determining forfeiture of accrued benefits and accrual of benefits under any retirement plan.