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Military Leave
HR & Employee Care · Internal Policy · Joyner Transportation & Logistic Services

USA Operations Centers Military Leave May 2017

State/Area Exceptions

As this policy is reviewed, please note the following State/Areas for which exceptions exist:

California

In addition, some states have enacted leave laws that provide time off for employees whose family members are called into military service. Please refer to the Family and Medical Leave Act (FMLA) Policy for additional information.

Overview

Military Leave provides continued affiliation for employees serving in the United States Armed Forces. The leave is effective the first workday the employee is away from work for military duty and may be a partially paid or unpaid leave.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a Federal law intended to minimize the disadvantages that occur when an individual is absent from his or her civilian employment to serve in the uniformed services. USERRA protects service member rights and benefits by clarifying the law and improving enforcement mechanisms. USERRA clearly establishes that reemployment protection does not depend on the timing, frequency, duration, or nature of an individual's service as long as the basic eligibility criteria are met. It also expands the cumulative length of time that an individual may be absent from work for uniformed services duty and retain reemployment rights

Joyner complies with the Uniformed Services Employment and Reemployment Rights Act.

Joyner provides two types of Military Leave, Military Leave Category I, and Military Leave Category II.

Military Leave Category I Military Leave Category I is a non-paid leave for employees who voluntarily enlist in the armed services for full-time active duty as listed below.

Army

Air Force

Coast Guard

Navy

Marine Corps

Military Leave Category II Military Leave Category II is a partially paid or unpaid leave for employees who voluntarily enlist in the National Guard or Reserve and are called up for training, emergency duty, or extended active duty as listed below.

Army National Guard of the United States

Air National Guard of the United States

Army Reserve

Air Force Reserve

Naval Reserve

Marine Corps Reserve

Coast Guard Reserve

Training includes:

Annual encampments and cruises

Weekly and weekend drills or training

Service school attendance to refresh or upgrade military skills

Any other activity that could be deemed training, emergency duty, or extended active duty training for the Armed Forces or Reserve

Emergency duty is a state initiated leave requested by the Governor. State law governs the type of leave.

Extended active duty applies to reservists and members of the National Guard who are called up to extend their active duty.

Pay and Benefits Military Leave Category I is a full-time commitment to the military.  Individuals who enlist for this type of duty will be placed in an unpaid status and must make arrangements for payroll deduction items such as payments for Credit Union loans and group benefit contributions.

Military Leave Category II is a part-time commitment to the military, and may be a paid leave if certain criteria are met:

The employee's military pay must be less than their Joyner pay for the applicable dates that the employee would have worked at Joyner and was on active duty for the military.

If military pay is less than the employee’s Joyner pay, Joyner pay is offset (reduced) by the amount of military pay and the employee is placed in a paid status.

If military pay is greater than the Joyner pay, there is no pay to offset and the individual will be placed in an unpaid status.

A Military Leave Memorandum of Understanding (MOU) must be signed by the departing employee who wishes to be in a paid status.

The MOU ensures understanding of the pay offset procedures and allows the employee the opportunity to designate a delegate who may submit the Military Leave and Earnings Statements (LES) to Joyner on the employee’s behalf.

Until a Memorandum of Understanding is completed and signed, the employee is not eligible for paid Military Leave. The MOU must be signed on an annual basis.

Once the employee has signed the Memorandum of Understanding, it should be sent to the HREC Leave Team for processing.

The employee, or their delegate, must submit the Military Leave and Earnings Statements (LES) to Financial Services (FS) in order for Joyner to coordinate their pay.

If the initial LES is not received by FS within 60 days from the beginning of the Military Leave Category II leave the employee will retroactively be placed in a non-paid Military Leave Category II status.

The employee will be responsible for reimbursing Joyner the overpayment that results from changing the leave from a paid to a non-paid status.

The employee will remain in a non-paid status until the outstanding LES statements are subsequently received by FS. Once pay vouchers are submitted, the employee may again be placed on paid Military Leave Category II; however, the employee will not be compensated for the time they were placed on non-paid leave.

If the LES was received, but more than 60 days pass before a subsequent voucher is received by Financial Services, the employee will be placed on non-paid Military Leave Category II with an effective date corresponding to the 61st calendar day from the receipt of the previous pay voucher.

If the outstanding LES are subsequently received the employee will resume a paid Military Leave; however, the employee will not be compensated for the time he or she was on unpaid leave.

If the employee knows prior to leaving that they will not be able to produce LES statements, the leave should be coded as an unpaid leave from the start of the absence.

Merit Pay

Medical, Dental, Vision and Life

Long Term Disability (LTD), and Accidental Death & Dismemberment (AD&D)

Joyner 401(k) Savings Plan

An employee on Military Leave Category I may not continue contributions as there are no salary continuation from which to make salary deferrals.

Employees on Military Leave Category II can continue to make salary reduction contributions to the Plan as long as he/she continues to receive salary from the company.

Changes to salary deferral contributions, as well as other account changes, can be made by telephoning the Joyner Benefits Center.

Non-elective Joyner contributions will continue to be added to the employee's account.

Past contributions must remain in the Plan during the leave except for withdrawal privileges.

An employee returning to Joyner from qualified military leave is eligible to make up salary deferral contributions and receive missed company matching contributions (if declared). When a military leave employee returns to Joyner, a member of the Human Resources & Employee Care will contact the employee to let him/her know how to make up missed contributions.

Under the Pension Protection Act of 2006, eligible military reservists activated after September 11, 2001 can receive a distribution from the Joyner 401(k) Savings Plan of amounts attributable to before-tax Salary Deferral Contributions. The law provides this relief to reservists called to active duty for at least 180 days or for an indefinite period.

Under the HEART Act of 2008, eligible employees can receive an Active Military Withdrawal from the Joyner 401(k) Savings Plan of amounts attributable to before-tax Salary Deferral Contributions. Employee contributions will be automatically suspended for a 6-month period following the withdrawal. The employee will be notified when he/she is eligible to resume contributions to the Plan. The law provides this relief to those performing services in the uniformed services for a period in excess of 30 days.

Benefits Annual Enrollment If leave extends over an Annual Enrollment election period employees will have the option, upon return from leave, to make any changes that could have been made during the Annual Enrollment election period. For example, employees may select different health coverage, LTD option, or enroll in HCFSA/DCFSA. Contact must be made with the Joyner Benefits Center within 31 days from the date of return from leave.

Credit Union

Members must make arrangements directly with the Credit Union for loan payments and savings if on unpaid Military Leave.

Members may not join apply for new lines of credit while on leave.

Special handling of loans and interest rates may apply. The employee should contact the Credit Union directly for details..

Retirement Benefits Credited service continues to accrue for a retirement plan member on either Military Leave Category I or Military Leave Category II as follows:

A non-member of the retirement plan is eligible to become a member when the non-member is 21 years old and has completed one year of service with Joyner. Time while on Military Leave counts towards the one year requirement. Credited service will begin on the day the employee becomes eligible.

Compliance and Security Employees are responsible for taking reasonable precautions to protect Joyner’s assets, information, trade secrets, and systems. For extended absences, management may request that the employee return his or her Joyner equipment to the work location during the leave.

For long-term absences, managers may also request to have the employee’s entrance key deactivated during the leave.

For additional information about the protection of Joyner’s assets, please refer to the Code of Conduct.

Time-Off

Military Leave Category I

The employee is paid for all unused Paid Time Off (PTO) upon leaving.

Upon return, the employee is eligible for time off based on continuous service. Seniority continues to accrue while the employee is gone.

Military Leave Category II

Employees on paid military leave may request paid time off (PTO) in lieu of taking Military Leave and having their military pay offset. When PTO is used to substitute for paid Military Leave, the time off is coded as PTO, not Military Leave. Pay received while using PTO cannot be offset with military pay. Employees who chose to use PTO for the leave, do not need to complete the Notification of Military Leave form.

Employees may request a PTO cash-out while on non-paid Military Leave and remain absence coded as non-paid Military Leave. The employee receives a check for the PTO requested, and their PTO time is reduced accordingly.

Upon return, the employee is eligible for time-off based on continuous service. Seniority continues to accrue while the employee is gone.

Employees may use PTO for travel time.

If they do not chose to use PTO, the absence should be coded as Military Unpaid Leave.

Additional Time-Off Information

Miscellaneous Benefits

Reemployment Rights Category I and II The Federal USERRA law provides certain reemployment rights to employees absent because of service in the military and who meet the following conditions:

Provide advance written or verbal notice of their service dates,

Cumulative length of the absences due to military service does not exceed 5 years, and

Report to, or submit an application, for reemployment.

However service exceeding 5 years may fall under one of the situations listed below. If it does, the 5-year period is extended. Therefore, terminations should not be processed for employees absent for military service unless, and until, a thorough review of the circumstances has been completed by management and referred to Human Resources.

Service required beyond 5 years to complete an initial period of obligated service.

Service from which a person, through no fault of the person, is unable to obtain a release within the 5-year limit.

Required training for reservists and National Guard members.

Service under an involuntary order to, or to be retained on, active duty during domestic emergency or national security related situations.

Service under an order to, or to remain on, active duty (other than for training) during a war or national emergency declared by the President of the U.S. or Congress.

Active duty (other than for training) by volunteers supporting "operational missions" for which selected reservists has been ordered to active duty without their consent.

Service by volunteers who are ordered to active duty in support of a "critical mission or requirement" in times other than war or national emergency and when no involuntary call-up is in effect.

Federal service by members of the National Guard called into action by the President to suppress an insurrection, repel an invasion, or to execute the laws of the United States.

Return to Work In accordance with Federal USERRA law, Time limits for returning to work depend on the duration of the person's military service.

Service of 1 to 30 days

The individual must report to work on the first regularly scheduled work day following the completion of military service and the expiration of eight hours used for safe transportation back to the employee’s residence after the completion of military service. If reporting within the above period is impossible or unreasonable through no fault of the individual, then the individual should report as soon as possible after the expiration of the eight-hour rest period. For example, if the employee completes a period of service and travels home and arrives at 10:00 p.m., he/she should not be required to report until the beginning of the next regularly scheduled work period that begins at least 8 hours after arriving home, not earlier than 6:00 a.m. the next morning.

Service of 31 to 181 days

The individual must submit a request (written or oral) for reemployment no later than 14 days after completing the period of service. If submission is impossible or unreasonable through no fault of the employee, the application must be submitted as soon as possible.

Service of more than 181 days

The individual must submit a request (written or oral) for reemployment no later than 90 days after completion of the period of service unless it is impossible or unreasonable to do so through no fault of the employee.

If the employee requests immediate reinstatement but that is not possible, the employee must be reinstated as soon as possible but not to exceed 14 days from the date of request.

Hospitalization or Convalescence An employee who is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of service in the uniformed services must report to the employer in the manner described above, at the end of the period that is necessary for the person to recover from the illness or injury. The recovery period may not exceed two years from the date of completion of service.

Pay Status Employees who have been released from military duty and have submitted a request for reemployment but do not choose to physically return to work immediately should be placed in an unpaid Military Leave status until the time they return to work or the expiration of their re-employment rights, whichever is later. During that time, employees may choose to use their PTO.

Should the employee request a reinstatement date beyond the time limit afforded through their re-employments rights, the additional requested time off is subject to leadership discretion.  If additional time off is approved, the employee should be reinstated at the conclusion of the re-employment time limit and the additional time off is subject to PTO and regular time off policies.

Employees who do not report within the prescribed time periods above do not automatically forfeit their reemployment rights. Such situations are to be handled as other unexcused absences are handled.

Job Duties Upon Return to Work

Failure to Return

Retention in Employment A returning service member whose period of military service was more than 180 days cannot be terminated (except for cause) for one year following reemployment.

A returning service member whose period of military service was more than 30 days but less than 181 days cannot be terminated (except for cause) for 180 days following reemployment.

It is against the law to discriminate against an employee because of past, current or future military obligations in the terms and conditions of employment, including hiring, promotion, reemployment, termination, and benefits.

Adjusting to the Workplace Readjusting to the work environment after a lengthy absence for military duty can be challenging. The following actions may help with the transition.

Establish communication preferences prior to the employee’s departure. Does the employee want to maintain contact with his/her management and co-workers while away? If so, periodic updates can be provided to keep the employee connected.

Remind the employee of available resources such as Lifeworks. Many helpful resources are available for managers, employees, family members, etc.

Upon notification of a return to work date, initiate conversations to discuss issues such as:

Changes made to the workplace during the employee’s absence

Training the employee may need to reintegrate

Performance expectations

Transition back to the work place (For example how does the employee feel about recognition, talking about his/her experiences with co-workers, etc.)

Resuming benefits by contacting the Human Resources Services Center.

General Information

State Exceptions

California

Notice to Employee as to Change in Relationship California labor code requires a change in employment status be properly documented. The Supervisor completes the Notice to Employee as to Change in Relationship form available on Joyner Forms. If the employee is out of the office, mail a completed copy to the address on file along with the Change in Relationship cover memo.

Employee Actions

USERRA requires that service members provide advance written or verbal notice to their employers for all military leaves. An employee should provide notice as far in advance as is reasonable under the circumstances. Notice should be provided by the employee unless military necessity prevents the giving of notice, or giving notice is otherwise impossible or unreasonable.

Employee must complete the Notification of Military Leave form for all Military Leaves regardless the length of leave. If an employee choses to use PTO for the Military Leave, the Notification of Military Leave form is not required.

Employees on Military Leave Category II must sign the Military Leave Memorandum of Understanding form prior to leaving. This ensures understanding of the offset procedures and gives the option for a delegate authorization to submit the Military Leave and Earnings Statements to Joyner. Until the form is completed and signed, the employee is not eligible for paid military leave. The signed Memorandum of Understanding should be sent to the HREC Leave Team for processing via U.S. Mail, email or fax as instructed on the form. LES must be received by Financial Services from the employee or the person designated by the employee as soon as possible, but no less than every 60 calendar days. The vouchers may be sent to Financial Services via fax, email, or mail

Contact the Joyner Benefits Center before the leave if you have questions regarding your benefits.

Contact the HREC before the leave if you have questions regarding your pay.

Contact the Joyner Benefits Center within 31 days from return to work date to discuss benefit enrollment or other benefit questions.

Managerial Actions

Direct employees to the Notification of Military Leave form to request Military Leave.

California: Send the “Change in Relationship Cover Letter” along with a completed "Notice to Employee as to Change in Relationship” form.

Refer to California State Exception information section.

Human Resources Role

Human Resources should read and understand the Military Leave policy.

The Human Resources Employee Care (HREC) Leave Team will provide a Military Leave Checklist for employees whose length of service will be for two consecutive weeks or longer and will provide a counseling to review the checklist upon request.. The checklist provides information on the impact on pay and benefits.

HREC Leave Team will record Military Leave in the time management tool and key the transaction in to place the employee in a leave status.

For employees who will be on Military Leave 6 months or longer, the HREC Leave Team will send the employee’s management an email providing information on the Military Leave website.

The HREC Leave Team will obtain the Military Leave Memorandum of Understanding Form from employees going on Military Leave Category II.

HREC will send the completed Memorandum of Understanding to Financial Services and will scan it for the employees group insurance file. The employee should retain a copy for their records.

If the employee is in California: HREC will verify with the supervisor if the “Change in Relationship Cover Letter” along with a completed "Notice to Employee as to Change in Relationship” form, if not, the Leave Team will send the notice

The Agency Contracts and Compensation Department will administer Military Leave for Agents.

Military Leave Category I (ML1) | Military Leave Category II (ML2)
The employee is not eligible for a Merit award The employee should be excluded performance assessment and merit processing within Performance Evaluation and Compensation. | If an employee performs any work during the current performance period prior to or after returning from leave, the employee: Is eligible for a full merit (up to the salary range maximum) on the merit effective date. Is included in the performance assessment and merit processes within Performance Evaluation and Compensation. For the time the employee was not on leave during the performance period, the supervisor will enter a performance rating in Performance Evaluation and a merit award in Compensation.
The employee is not eligible for a Merit award The employee should be excluded performance assessment and merit processing within Performance Evaluation and Compensation. | If an employee performs no work during the entire performance period, and the employee: Provides official documentation, such as military order, to support being on ML2 the entire performance period(s): Is still eligible for a full merit (up to the salary range maximum) on the merit effective date. Is excluded from the performance assessment and merit processes within Performance Evaluation and Compensation. Will receive an OnML2ERP performance rating. Will receive a merit award percentage equal to the merit budget approved for the Common Timing Salary Review effective date (entered by the Human Resources & Employee Care). Does NOT provide official documentation, such as military orders, to support being on ML2 the entire performance period(s): The employee is excluded from the performance assessment and merit processes, a merit award will NOT be processed on the merit effective date(s), and the employee will not receive a performance rating. A merit award(s), (up to the salary range maximum) that would have been processed had the employee provided official documentation while on extended ML2, will be processed if the employee returns to work for Joyner within the prescribed period. This presumes the employee, upon returning to work, provides official documentation to support being on ML2 for the entire performance period(s).
Military Leave Category I | Military Leave Category II
Coverage may continue for the employee and his/her eligible dependents until the earlier of 24 months after the leave begins or until re-employment rights expire. The Company contributions will continue as long as the employee continues his/her contribution arrangements with the Joyner Benefits Center. If the employee elects to terminate coverage or discontinue contributions while on Military Leave, coverage may be reinstated without evidence of insurability if the employee returns to work before the expiration of his or her re-employment rights. Employees must contact the Joyner Benefits Center within 31 days of the return from leave. Contributions for the month of return are required if the employee returns on or before the 15th. If the employee returns after the 15th, the contributions are waived for the month of return. | Coverage may continue for the employee and his or her eligible dependents until reemployment rights expire. Contributions need to be arranged with the Joyner Benefits Center if the employee chooses to continue coverage during a non-paid leave period. The Company contribution will continue as long as the employee continues his or her contribution. If the employee elects to terminate coverage or discontinue contributions while on Military Leave, coverage may be reinstated without evidence of insurability if the employee returns to work before the expiration of his or her re-employment rights. Employees must contact the Joyner Benefits Center within 31 days of the return from leave. Contributions for the month of return are required if the employee returns on or before the 15th. If the employee returns after the 15th, the contributions are waived for the month of return. If approval for coverage is pending when leave begins, coverage will not be activated until the employee returns to work. A new application may be required if the leave period is deemed significant. If the employee is absent over January 1 and has a change in the amount of Life to which the employee is entitled, coverage changes when the employee returns to work.
Military Leave Category I | Military Leave Category II
Coverage may continue until the earlier of 24 months after the leave begins or until re-employment rights expire. There is no company contribution for AD&D and LTD. Premium payments need to be arranged with the Joyner Benefits Center. If the employee elects to terminate coverage or discontinue premium payments while on Military Leave, coverage may be reinstated without evidence of insurability if the employee returns to work before the expiration of his or her re-employment rights. Employees must contact the Joyner Benefits Center within 31 days of the return from leave in order for coverage to be reinstated. If approval for coverage is pending when leave begins, coverage will not be activated until the employee returns to work. If the employee is absent over January 1 and has a change in the amount of LTD benefit to which the employee is entitled, the amount of coverage will change when the employee returns to work. | Coverage may continue until the earlier of 24 months after the leave begins or until reemployment rights expire. There is no company contribution for AD&D and LTD. Premium payments need to be arranged with the Joyner Benefits Center. If the employee elects to terminate coverage or discontinue premium payments while on Military Leave, coverage may be reinstated without evidence of insurability if the employee returns to work before the expiration of his or her re-employment rights. Employees must contact the Joyner Benefits Center within 31 days of the return from leave in order for coverage to be reinstated. If approval for coverage is pending when leave begins, coverage will not be activated until the employee returns to work. If the employee is absent over January 1 and has a change in the amount of LTD benefit to which the employee is entitled, the amount of coverage will change when the employee returns to work.
If | And | Then
An employee has been on military leave | Does not return to work for reasons other than transition or death | The employee will receive credited service for the time he or she was on military leave, up to a maximum of 365 days.
An employee has been on military leave | Does not return to work due to transition or death | The employee receives credited service for the entire period he or she was on military leave.
An employee has been on military leave | Returns to work before the expiration of he or her re-employment rights | The employee receives credited service for the entire period he or she was on military leave.
FMLA | Time spent on Military Leave counts toward the 1,250 hours required for FMLA.
Short Term Disability (STD) | STD is unaffected. Upon return, full-time and part-time benefits eligible employees are eligible for STD based on continuous service.
Paid Time Off (PTO) | Employees on paid Military Leave continue to accrue PTO. However should an absence be recoded from Military Leave to unpaid Military Lave, the employee's PTO bank will be reduced to remove any PTO hours which were accrued during the original paid absence coding. If military leave causes the employee to accumulate PTO that would otherwise exceed the PTO cap, the employee should be paid for the PTO that would exceed the cap. At the time leave begins, the department should determine whether continuous leave may cause the employee to exceed the PTO cap. If necessary, and to ensure timely cash-out of PTO, a review date should be pended to review the employees PTO bank.
Holiday Pay | Employees in a paid status the half working day immediately before or immediately after a Company holiday are eligible for holiday pay. Holiday pay earned during this period should be offset by Military Pay. Employees in a non-paid status the last-half working day immediately before AND the first-half working day immediately after a Company holiday are not paid for the holiday. Note: Employees who receive a cash-out in lieu of taking PTO during a week in which a regularly scheduled company holiday falls will not be paid for the holiday.
Activities Association | Military Leave Category I | Military Leave Category II
Activities Association | Membership continues. | Membership continues.
Anniversary Program | Not eligible for gift. | If the employee observes a milestone anniversary while away on Military Leave, the Supervisor arranges a celebration of the anniversary after the employee returns to work. The employee may order his or her anniversary gift upon return.
LifeWorks Program | Eligible for LifeWorks services. | Eligible for LifeWorks services.
US Discount Program | The employee is eligible for the US Discount Program. | The employee is eligible for the US Discount Program.
Education and Development | Employees enrolled in Industry Education Courses or who have received tuition aid approval for college or other courses may elect to withdraw from the course(s). If expenses were incurred, they will be reimbursed. Consideration should be given to transferring the enrolled courses to another quarter if possible. | Employees enrolled in Industry Education Courses or who have received tuition aid approval for college or other courses may elect to withdraw from the course(s). If expenses were incurred, they will be reimbursed. Consideration should be given to transferring the enrolled courses to another quarter if possible.
If | Then | Then
An individual's period of service was fewer than 90 days | The individual must be promptly reemployed in the job the person would have held had the person remained continuously employed, so long as the individual is qualified or can be qualified after reasonable efforts by the employer to qualify the individual. If the individual cannot become qualified, the individual is to be reemployed in a position that is the nearest approximation to the above positions. | The individual must be promptly reemployed in the job the person would have held had the person remained continuously employed, so long as the individual is qualified or can be qualified after reasonable efforts by the employer to qualify the individual. If the individual cannot become qualified, the individual is to be reemployed in a position that is the nearest approximation to the above positions.
An individual's period of service was greater than 90 days | The individual must be promptly reemployed in the position the individual would have attained if continuously employed or a position of like seniority, status, and pay, the duties of which the person is qualified to perform. If the individual is unqualified after reasonable efforts by the employer for the new position, the individual must be reemployed in the position held prior to leaving or in a position of like seniority, status, and pay. | The individual must be promptly reemployed in the position the individual would have attained if continuously employed or a position of like seniority, status, and pay, the duties of which the person is qualified to perform. If the individual is unqualified after reasonable efforts by the employer for the new position, the individual must be reemployed in the position held prior to leaving or in a position of like seniority, status, and pay.
An individual is not qualified for any reason (except a disability resulting from military service) to a position that the individual would have attained if continuously employed or to the individual's previous position | The individual is entitled to be reemployed to any other position of lesser status and pay for which the individual is qualified to perform, with full seniority, that most nearly approximates the above positions in that order.
An individual has a disability that was incurred or aggravated during military service and who (after reasonable efforts by the employer to accommodate the disability) is not qualified for the position the individual would have attained if continuously employed | The individual is entitled to be reemployed to any other position with equivalent seniority, status, and pay. If the individual is not qualified to perform an equivalent position (after the employer's reasonable efforts to accommodate), the individual is entitled to be reemployed to a position that is the nearest approximation to the equivalent position in terms of seniority, status, and pay.
If the employee | Then
Dies while on Military Leave | Human Resources will coordinate the disposition of benefits.
Fails to return from Military Leave within the time period specified | Human Resources will initiate termination. The effective date of termination is the day following expiration of the employee's re-employment rights. Standard termination procedures apply (See the Release Chapter in the Termination Policy.
Is re-employed after failing to return to work within the specified time | The period while on Military Leave will count towards Company service.
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