Fill and Sign the Re Employment of Veterans Form

Re-Employment of Veterans Purpose The purpose of this policy is to implement the rights, under applicable law, afforded veterans, reservists, National Guard members, individuals being examined for admission to the military, individuals rejected from military service, or any others who have rights under the Uniformed Services Employment and Reemployment Rights Act of 1994 to return to their former positions. Accordingly, any changes in those laws or interpretations that add to or detract from those rights are to be immediately applied to this policy. Policy Eligible Individuals. Individuals returning from active duty, entitled to reinstatement, will be reinstated to their former jobs or provided jobs of similar seniority, status, and pay. Satisfactory completion of service. To be eligible for re-employment, the individual must have satisfactorily completed his or her service. Generally, this means that persons with discharges of "other than honorable," "undesirable," or as a result of a court martial are not eligible. Job qualifications. To be entitled to reinstatement to the same job, the individual must still be qualified to perform it. If the individual needs to acquire or practice job skills, a reasonable time will be granted for this purpose. Prior misconduct. An individual who would have been fired, if not for leaving to enter the military, is not eligible for rehire. As an example, an individual would not be eligible if the investigation of the conduct had been completed, and the decision to fire had been made, but the individual failed to attend the meeting at which he or she would have been fired. Temporary positions. Individuals who held temporary positions are not eligible for rehire under this policy. Time to apply. Individuals are to apply for re-employment based on the following schedule: Period of serviceRequired notice time to return to workLess than 31 daysFirst full regularly scheduled work period following completion of the service (with an eight hour period for safe transportation).More than 30 days but less than 181 daysFourteen days after the completion of service (or if impossible or unreasonable through no fault of the person, the next first full calendar day when application becomes possible).More than 180 daysNot later than 90 days after the completion of service.A person who is hospitalized or convalescingAt the end of the period that is necessary for the person to recover.Individuals are to be re-employed according to the following schedule: If service was for less than 91 days, the individual is to be placed in the job that person would have had if employment had not been interrupted by service, assuming the person is qualified to perform those job duties (e.g., a person may have to be promoted). If the person served for less than 91 days and is not qualified to perform the duties of the job that person would have had if there had not been any service and the Company has made reasonable efforts to qualify the person for the job, then this individual is to be reinstated in the job held on the date service began. If the service was for more than 90 days, the person is to be placed in the job the person would have had if employment had not been interrupted (e.g., a promoted position) or a position in which the person is qualified to perform, of like seniority status and pay. If the person served more than 90 days and is not qualified to perform the job which that person would have had if not for service, and the company has made reasonable efforts to qualify the person for the job, then the person is to be placed in the job that was held on the date the service commenced. In the case of a person with a disability and, who after reasonable efforts by the employer to accommodate the disability, is not qualified to be employed in the proper positions required by this Act, the person is to be employed in any other position that is equivalent in seniority status and pay, if the person is qualified to perform those duties with or without reasonable efforts by the company. If an individual is not qualified to hold any of the positions as required by the Act, the person is to be placed in any other position of lesser status and pay for which the person is qualified to perform with full seniority. If two or more persons are entitled to the same job under this law, the one who left the position first shall have the prior right to re-employment. Similar position. If the individual is not qualified for his or her former position (for example, required job skills have changed or the individual has a disability), then the person will be allowed to attempt to qualify for a similar job. As an example, if a person needs to acquire additional skills to perform his or her former job, he or she can apply for a similar job, and then have a reasonable time in which to acquire the skills needed for the former position. If those skills are acquired, the person can then move to the former position. Waiver. Veterans and others may waive their rights to non-seniority based benefits under this policy by signing a written waiver. Seniority and other benefits. The individuals eligible for rehire will be treated just as if they had never left. In other words, they will be entitled to seniority from the date of hire prior to the military service, and all benefits will be calculated based on that date (e.g., cost-of-living raises, health insurance, life insurance, pension, etc.). As promotions and merit increases are based solely on performance, they will generally not be available to individuals returning from military service. However, circumstances may exist that justify exceptions to this rule. For example, if an individual was to receive a merit increase on Friday and left for military service on the prior Monday, the merit increase would be given when the individual returned to work. Reinstatement offer. The reinstatement offer will remain open for 90 days or such other time as provided by applicable law. Physical examinations. Like all employees returning from a leave of absence lasting more than four weeks, persons eligible for rehire under this policy will also be asked to undergo a medical examination if their leave lasts more than four weeks. Such a medical examination and its results will be conducted in accordance with the Americans with Disabilities Act. Changed circumstances. If the company's circumstances have changed to make it impossible or unreasonable to re-employ a veteran, then the person may be denied a job. For example, the individual's old job has been abolished, and if he or she had been employed at the time, he or she would have been discharged. Discharge and demotion. An individual entitled to re-employment under this policy and actually re-employed may not be discharged or demoted except for cause based on the following schedule: Within one year if the person's service was more than 180 days; or Within 180 days if the person's period of service was more than 30 days but less than 181 days. Pay period. An individual who has accrued paid time (e.g., personal days, vacation days) may use such accrued paid time toward any military duties that is without pay. Discrimination. The Company does not discriminate against a person who (1) is a member of, (2) applies to be a member of, (3) performs, (4) has performed, (5) applies to perform, or (6) has an obligation to perform service in a uniformed service. Review. This policy will be reviewed at least annually by the company's counsel to ensure compliance with applicable law. Any denial of benefits under this policy will also be reviewed by counsel. Exceptions. The Director of Personnel and the Company's counsel can make exceptions to this policy to provide more benefits to the returning individual. Coordination with other policies. This policy will be coordinated with all other policies, including, but not limited to, pay during military leave, discharge, demotion, transfer, pay increases, promotions, fitness for duty, physical examinations, and benefits.