This essay describes eligibility requirements for leave and provisions for compensation, benefits, and length of leave under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
For one to be eligible for leave under the Family and medical Act, the employee must meet many eligibility criteria. Among them are; the employee must have been employed by that particular employer for a period of not less than 12 month. Also the employee must have worked for not less than 1250 hours for that same employer in the period of the 12 month provided above preceding the beginning of the leave. The 1250 hours requirement worked for, apply to individuals who are employed by private employers, local governments and state, and the postal service.
The compensation of an employee during military service is based on the pay rate of the employee that the employee would have received if not for the reason of military absence. Upon reemployment, the employee contributions during the period of make are not to be included as part of the nondiscrimination testing of the plan. These contributions are to be subjected to the general plan contribution and the deduction limitations that are relative to the year which they are made rather than the year in which they are made, ( Kristin, 2006).
The civilian Federal employees who happen to be members of Unified service and are called to active duty are entitled to the following rights and benefits; Employee Assistant Program; this helps the employees and their families to cop with stress and disruption with a call to active military duty. They provide short-term counseling and referral services to help financial, emotional and dependable care problems, ( Kristin, 2006).
Pay; compensation from the armed force following the terms and conditions of their military commission. They never receive compensation from their civilian employers except they chose to elect military leave or annual leave. Agencies continue paying for availability for criminal investigators and annual premium pay for administratively controlled overtime. Military leave; eligible full-time employees accrues 15 days military leave every fiscal year. Also they may accrue 15 days military leave from one fiscal year to another. Since they can’t carry over 15days to another year, unused days are fortified at the beginning of next year. Part-time career employees on a prorated basis accrue military leave.
Those who use military leave receive full compensation from their civilian positions every hour charged to military leave on top of their military pay for same period. Additional 22 days may be granted if such leave is given on the reason of providing military aid to assist domestic civilian authorities enforce law. Annual leave; they might request use of accrued and cumulated annual leave to their credit. This is granted by their civilian agencies. They receive compensation from civilian agencies. Lump-sum leave payment; they are paid lump-sum for all the accrued and cumulated annual leave.
Health benefits; employees on non-pay status may maintain their FEHB coverage for up to 18month from the date the absence to serve on military duty starts. In this time they are responsible for employees and government share, plus 2%administrative fee. Other benefits and compensations include retirements benefits and life insurance benefits, (District of Arizona 40 N. Central,
District of Arizona 40 N. Central, Suite 1200 Phoenix, Arizona 85004 (n.d), explains that employees who entered active military from any position has full job protection so long as they apply reemployment within the fallowing time frame; these that served less than 30 days re[port to work at the beginning of next scheduled workday after their release from service and 8 hours after time for transportation back to employees residence. These that served 30-1881 days have 90 days to reapply for reemployment. Employees performing active military duty are protected from reduction in force and might not be discharged from employment for one year period from separation, except for poor performance or suitability reasons.