Weekly HR - Leaves of Absence- Military Leave

Weekly HR News – Leaves of Absence

Military Leave

Kentucky law requires employees to be given leave of absence "from their respective duties, without loss of time, pay, regular leave, impairment of efficiency rating, or of any other rights or benefits to which they are entitled, while in the performance of duty or training in the service of this state or of the United States under competent orders. In any one federal fiscal year, officers or employees, while on military leave, shall be paid their salaries or compensations for a period or periods not exceeding 21 calendar days. Any unused military leave in a federal fiscal year shall be carried over to the next year. Any unused military leave shall expire two years after it has accrued." A federal fiscal year is defined as beginning October 1 and ends the following September 30.

In addition, the federal law contained in the Uniformed Services Employment and Re-employment Rights Act (USERRA) requires that employers reinstate returning service members without loss of seniority or benefits and without any break in their employment as it relates to pension benefits during a five-year cumulative absence with some exceptions. 

Under current state and federal law, the Kentucky Retirement System requires the employer to pay employer contributions that would have been paid but for the employee being on military leave.  However, the employer does not need to pay the contributions until the employee is actually reemployed by the employer upon honorable discharge. 

More information on USERRA can be found on the Department of Labor website at http://www.dol.gov/vets/programs/userra/

For sample policies, training or more information on this or any other personnel related matters contact Andrea Shindlebower. 

Do you have an employment law or HR topic that you would like addressed in this article?  If so send an email to ashindlebower@klc.org