As Veterans Day approaches on Nov. 11, employers have an opportunity to consider how they support team members with military commitments. For National Guard members and reservists, balancing a civilian job with training or deployment can involve planning for time away and making decisions about health coverage for themselves and their families.
Understanding the rules for pay, benefits and job protection can help employers answer their team members’ questions and manage their absence confidently. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) establishes protections for eligible employees and applies to virtually all employers, regardless of size. Knowing the requirements can help you prepare for an absence and avoid common mistakes.
Responding to a Leave Request
Employees generally must notify their employers in advance of upcoming military duty, either verbally or in writing. Exceptions apply when military necessity prevents notice or when giving notice would be impossible or unreasonable. The U.S. Department of Labor explains that employers cannot require written military orders as a condition of granting leave.
Once an employee provides notice, employers should record the expected leave dates, plan for staffing needs and identify a human resources contact who can address any questions before and during military leave.
Whether an employee must be paid during the absence depends on several factors. Under USERRA, employees on military leave are entitled to certain rights and benefits provided to those with similar seniority, status and pay who take comparable types of nonmilitary leave.
Explaining Health Coverage Choices
Even if employees have access to military healthcare, they can choose to continue their employer-sponsored health insurance during military leave. This option also extends to eligible dependents.
For military duty lasting fewer than 31 days, employees generally pay no more than their usual share of the premium. For longer absences, they may elect to keep their coverage for up to 24 months, or the duration of military service plus the time allowed to apply for reemployment, whichever is shorter. During these longer periods, employees may be required to pay up to 102% of the full premium.
The Department of Labor’s guide explains these protections. Before leave begins, employers should work with their benefits administrator to explain premium costs, coverage election deadlines and payment arrangements. These details can help employees decide what works best for themselves and their families.
Preparing for Reemployment
When employees are ready to return from military duty, employers should understand their protections and plan for a smooth transition back to work. Those who meet USERRA’s eligibility requirements generally must be reemployed promptly in the position they would have held if they had continued working, including the seniority, status and pay they would have earned. The deadline for reporting back or applying for reemployment depends on the length of military service.
Employees who did not continue their employer-sponsored health insurance during leave generally can rejoin the plan without a new waiting period. Limited exceptions apply to service-connected illnesses or injuries.
Employers can make this transition easier by working with their payroll team and benefits administrator to update employment records, confirm when coverage will resume and explain the employee’s share of the premium.
PacFed Is Here to Help
At PacFed Benefit Administrators, we work alongside employers and their human resources teams to simplify benefits administration and give employees clear answers about their coverage.
As an experienced third-party administrator (TPA), our services for employers include carrier negotiations, enrollment, consolidated billing, eligibility reporting, compliance notifications, claims assistance and administration of continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA).
We also offer informational meetings and ongoing benefits education, while our bilingual member services staff provides personal assistance with enrollment and insurance questions.
Call 800.753.0222 or visit PacFed.com to learn more.
Pacific Federal is a subsidiary of Zenith American Solutions.
