|
What you should
know about military leave
With
war looming, most news outlets are providing tip sheets
on what citizens can do to prepare. But businesses also
need to prepare for the fact that a number of their
employees may be in the National Guard or Reserves and
could be deployed at any time. There are more than 22,000
Virginians in the National Guard or Reserves. To help
businesses, consulting firm RSM McGladrey has compiled
the following list of obligations businesses have to
their employees:
•
Know who might be affected. Poll your employees.
• Communicate with workers to ensure they are aware
of their rights and to reassure them.
• You must consider them to be on a leave of absence,
entitled to all non-seniority rights and benefits that
you provide to those on an unpaid leave of absence.
• You cannot require vacation pay or other similar
leave to be used, but may allow it to be used if the
employee so elects.
• Health coverage may be elected for up to 18 months.
• You are not required to pay the employee while
on military leave, although you could elect to pay the
difference between the employee’s regular pay and
military pay.
• Vacation and sick leave benefits do not have
to accrue while the employee is on leave, although upon
return seniority status must be retained.
• Other rights under state law may be applicable.
Differences between state and federal law typically
are resolved in favor of the employees. Collective bargaining
agreements, governmental employees or other employer
policies may also provide additional rights.
Data:
RSM McGladrey
Return
to Virginia Business - April 2003
|
