1. Policy Statement
Family Promise of Puget Sound (FPOPS) fully supports its employees who serve our country in the uniformed services. We are committed to complying with all federal and state laws that protect the employment and reemployment rights of individuals who serve or have served in the military. This policy outlines the rights and responsibilities related to military leave, including reemployment, benefits, and protection from discrimination, in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and applicable Washington State laws.
2. Purpose
The purpose of this policy is to:
* Ensure FPOPS’s full compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and relevant Washington State laws.
* Protect the reemployment rights and benefits of employees who engage in military service.
* Provide clear guidance to employees regarding their rights and responsibilities when taking military leave.
* Outline the organization’s obligations regarding compensation, benefits, and reemployment upon an employee’s return from military service.
3. Scope
This policy applies to all paid employees of Family Promise of Puget Sound who are members of, or apply to be members of, the uniformed services of the United States. This includes voluntary or involuntary service in the U.S. active armed forces, the Military Reserves, National Guard, and any other categories of service covered by USERRA.
4. Guiding Principles
* Legal Compliance: Strict adherence to USERRA and all applicable Washington State laws governing military leave and reemployment.
* Support for Service: Acknowledge and support the commitment of employees who serve in the uniformed services.
* Non-Discrimination: Prohibit discrimination or retaliation against employees or applicants based on their military service.
* Fairness and Consistency: Apply the rights and benefits outlined in this policy consistently and fairly.
* Smooth Transition: Facilitate a smooth transition for employees departing for and returning from military service.
5. Definitions
* Uniformed Services: As defined by USERRA, includes the Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard, Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, Space Force Reserve, Coast Guard Reserve, National Guard (when engaged in active duty for training, inactive duty training, or full-time National Guard duty), and the commissioned corps of the Public Health Service.
* USERRA (Uniformed Services Employment and Reemployment Rights Act): A federal law that protects civilian employment of non-career military personnel in the United States and prohibits discrimination against past and present members of the uniformed services.
6. Policy Guidelines and Procedures
6.1. Employee Rights Under USERRA
Employees who perform and return from military service shall have and retain rights of reinstatement, seniority, vacation, layoffs, compensation, and length of service pay increases as may be provided by the laws of the United States (primarily USERRA) and any applicable Washington State laws. Key rights include:
* Reemployment Rights: Employees returning from military service are generally entitled to reemployment in their previous position or a comparable position, provided they meet USERRA’s eligibility criteria (e.g., proper notice, cumulative service limits, timely return to work). The specific position offered depends on the length of military service.
* Seniority: Employees generally retain seniority as if they had not left for military service, which can impact reemployment position, pay, and benefits.
* Compensation and Pay Increases: Employees are entitled to the rate of pay they would have achieved had they not been absent for military service (e.g., automatic pay increases, raises based on seniority).
* Accrued Leave (PTO): Employees are permitted, but not required, to use any accrued Paid Time Off (PTO) or vacation leave for the period of military service. FPOPS may not require an employee to use their accrued PTO during military leave.
* Health Benefits: Employees electing to continue health coverage during military leave may do so for a limited period (e.g., up to 24 months, depending on service length), generally by paying 102% of the full premium. Upon reemployment, health benefits will be reinstated without a waiting period or exclusion, except for service-connected disabilities.
* Retirement Benefits: Military service counts as service with FPOPS for purposes of vesting and accrual of benefits in retirement plans.
* Protection from Discrimination and Retaliation: Employees and applicants are protected from discrimination based on their past, present, or future military service obligations. Retaliation for exercising USERRA rights is strictly prohibited.
* Training and Qualification: Employees returning from military service may be given reasonable efforts by FPOPS to qualify them for their reemployment position.
6.2. Notice Requirements
* Employee’s Responsibility: Employees should provide advance written or verbal notice to their immediate supervisor or the CEO of their military service obligation as far in advance as is reasonable under the circumstances, regardless of the duration of the service.
* No Advance Notice: No advance notice is required if giving notice is impossible, unreasonable, or precluded by military necessity.
6.3. Duration of Leave
* USERRA generally protects reemployment rights for cumulative military service periods of up to five (5) years with the same employer. Certain types of service are exempt from this five-year limit.
6.4. Return to Work Procedures
* Application for Reemployment: Employees must apply for reemployment within specific timeframes after completing military service, depending on the length of service:
* Less than 31 days of service: Must report to work on the first full workday after the end of service, plus 8 hours for safe travel, and an opportunity for rest.
* 31-180 days of service: Must submit an application for reemployment no later than 14 days after completion of service.
* 181 days or more of service: Must submit an application for reemployment no later than 90 days after completion of service.
* Documentation: FPOPS may require documentation from the military confirming the employee’s service, its duration, and its honorable nature upon return.
* Reemployment Position: The specific position to which an employee is reemployed is determined by the length of their military service and their qualifications, in accordance with USERRA’s “escalator principle.”
7. Responsibilities
* Employees: Responsible for providing timely notice of military service, submitting documentation as required, and applying for reemployment within the prescribed timeframes.
* Supervisors: Responsible for accommodating military leave requests consistent with this policy and USERRA, maintaining communication with employees on leave (where appropriate and permitted), and facilitating their smooth return to work.
* CEO/HR: Responsible for the overall administration of this policy, ensuring compliance with USERRA and Washington State laws, managing benefits during leave, and processing reemployment.
8. Policy Review and Revision
This policy will be reviewed annually by the CEO and Board of Directors, or more frequently as needed, to ensure its continued effectiveness, relevance, and alignment with organizational needs, best practices, and all applicable federal laws, particularly the Uniformed Services Employment and Reemployment Rights Act (USERRA), and relevant Washington State laws (e.g., RCW 38.40.060). Any revisions will be communicated to all relevant personnel.