LOYOLA will honor all orders for active and reserve duty as obligated by the Uniformed Services
Employment and Reemployment Rights Act of 1994 (USERRA).
Conforming to applicable law, the Company grants Military Leave of Absence to provide
employees an official leave status while serving on short periods (usually two (2) weeks per year)
for Reserve or National Guard active duty training and to establish the long-term company
concern for the status of employees called up for extended periods of active duty with the Armed
Forces. Although not legally obliged to do so, the Company ensures that employees will not
experience a loss of income for the period(s) covering the first ten (10) working days or eighty
(80) hours of their Military Leave of Absence each calendar year for Reserve or National Guard
active duty training. Supplementary pay is also authorized for the first ten (10) working day or
eighty (80) hours of extended active duty. Under special circumstances, particularly when the
employee certifies demonstrable hardship, supplementary pay may be continued for an additional
two (2) week period of extended active duty (or active duty for training in excess of two (2)
weeks per year.) Hardship, in this instance, is analogous to the conditions established by the IRS
for hardship withdrawal of funds from a qualified 401(k) plan and must be supported by adequate
proof. The President must approve such pay continuation.
Generally, the cumulative leave of absence may not exceed five (5) years from date of entry in order to be eligible for reemployment.
There are several types of exemptions from the five (5) year limit and LOYOLA will make determinations in compliance with USERRA.
The employee must have been released from military service under honorable conditions and furnish such certification.
- Military Leave of Absence for a short-term training obligation.
- An employee alerted for military active duty training must notify his/her
supervisor as soon as possible and request Military Leave of Absence for the
appropriate period. An employee called to duty and departing without being able
to notify his/her supervisor must be granted the same Leave of Absence.
- Seniority continues to accrue.
- Personal Leave Time (PLT) status remains and accruals continue.
- Existing group insurance coverage continues.
- The employee will be reinstated in the same job or equivalent upon return.
- Upon return from Reserve or National Guard active duty training, an employee
will furnish proof of military pay and allowances to the Human Resources
Department. If military pay and allowances received is less than the employee’s
normal regular pay, the employee will be paid by Loyola for the difference in pay
up to ten (10) days (maximum of eighty (80) hours) in a calendar year.
- Upon release from service of less than thirty-one (31) days, the employee must
report to work by the beginning of the first regularly scheduled workday that
would fall eight (8) hours after the employee returns from military duty.
- Military Leave of Absence for an indefinite extended period of active duty.
- An employee called up (or volunteering) for an indefinite period of extended
active duty in the Armed Forces of the United States, is asked to notify his/her
supervisor as early as possible and request Military Leave of Absence. An
employee called to duty and departing without being able to notify his/her
supervisor must be granted the same Leave of Absence.
- Upon departure, the employee will be placed on unpaid Leave of Absence status.
- Personal Leave Time (PLT) balance to date of commencement of Military Leave of
Absence will remain in good standing so that existing accrual will be available
upon the employee’s return, or until December 31, at which time it will be
forfeited. PLT does not accrue during periods of extended active duty Military
Leave of Absence.
- The employee has the following group insurance coverage options:
- Life/AD&D – LOYOLA’S carrier terminates coverage upon the employee’s
entry into extended active duty.
- Short Term Disability and Long Term Disability – LOYOLA’S carrier
terminates coverage upon the employee’s entry into extended active
duty.
- Medical and dental benefits may be continued for both the employee and
dependents or for dependents only under COBRA. LOYOLA will continue
its customary subsidy of medical and dental insurance coverage for three
months. The employee must pay his/her share on a monthly basis. After
three months, employees are offered dependent medical and dental care
coverage under COBRA and are responsible for paying up to 102% of the
full premium.
- Release from extended active military duty.
- Upon release from extended active military duty for service of thirty-one to one
hundred and eighty days (31-180), the employee has fourteen (14) days to apply
for return to active LOYOLA employment under Services Employment and
Reemployment Rights Act of 1994 (USERRA). For service of more than one
hundred and eighty (180) days, the employee has ninety (90) days to apply for
return to active LOYOLA employment under USERRA.
- The employee must have been released from military service under honorable
conditions and furnish such certification.
- LOYOLA will ensure prompt reemployment in the following order of priority:
- The “escalator” position or a position of equivalent seniority, status, and
pay;
- The employee’s pre-service position or a position of equivalent seniority,
status, and pay; or
- Any other position of lesser status and pay that the employee is qualified
to perform, with full seniority.
- Compensation offers will be based on current salary rates and the employee’s
qualifications and seniority at the time of reinstatement.
- The employee will be credited for purposes of vesting with the time spent in
military service and will be treated as not having incurred a break in service.
Immediately upon reemployment, the employee may make any or all employee
contributions to the 401(k) retirement plan that the employee would have been
eligible to make had the employee’s employment not been interrupted by military
service. Such contributions must be made within a period that begins with the
employee’s reemployment and that is not greater in duration than three (3) times
the length of the employee’s military service. If the 401(k) retirement plan
incorporates a Company match, the employees will receive all associated
Company matches for such contributions.
- Remaining PLT balance will be restored (if within the same calendar year as
accrued) and accrual will be resumed.
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