USERRA – The Uniformed Services Employment and Reemployment Rights Act of 1994 prohibits employers from discriminating against any employee or prospective employee because of past, present, or future application for, or membership in, a uniformed service.
USERRA is intended to minimize the disadvantages to an individual that occur when that person needs to be absent from his or her civilian employment to serve in this country’s uniformed services and also to provide retention of reemployment rights.
Associate receives military orders to report to duty.
- Associate notifies Supv/Manager (either written or verbal) that they are being called to military duty
- Associate provides a copy of the military orders to Patti Anderson in HR: fax 402-894-3927.
- The beginning and end date of the tour of duty is entered into the AS-400 system.
A letter is generated by HR regarding health benefits, PTO and the associate’s responsibilities when they return to work.
Responsibilities include: Notifying the company if the length of service changes, providing the company with date they plan to return to work, (any accommodations needed).
Supv/Manager and HR discuss position coverage during the associate’s absence.
Associate receives PTO payment (or elects to bank PTO days) and Holiday Bonus while on duty.
ASSOCIATE NOTIFIES COMPANY OF RETURN DATE
Supv/Manager and HR determine:
- What position the associate will return to that is comparable to position they vacated
- Salary for the associate (did the associate miss a PRP while on duty, raise- average of dept or position)
- Does associate need additional training to perform job
- Possible accommodations needed
Drivers Management specific issues:
When a Driver returns to work, re-instating the seniority will compensate for the new rate of pay. If a Driver has to go back on a trainer truck or on a co-driver status for remedial training. Compensate Driver a weekly salary equal to an average weekly pay during the last 6 months prior to their Military Leave.
Associate should provide Patti Anderson Military discharge form DD 214 to Patti Anderson in HR: fax 402-894-3927.
Associate receives a letter from with the following information:
- Job title
- Supervisor’s name
- Available PTO
- Health Coverage
Associate attends New Hire Orientation (to review changes in Company polices and or benefits).
ASSOCIATE DOES NOT RETURN, BUT END DATE ARRIVES
If the Military off date (MILOF) arrives then HR will send a letter to the associate’s address stating that the Driver has 90 days to return to work or provide paperwork showing the extension of duty otherwise Driver will be VQ’ed after the 90 days following Military end of duty date.
The associate may take a maximum of five years leave for military service. After a max of five years the associate will be considered a voluntary quit.