The Advantage

October 2001

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In This Issue

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Employer Assisted Housing as a Recruiting Tool

• Sundowner Trailers, Inc. - Coleman, Oklahoma
  In the late 1990s, Sundowner Trailers, Inc., a horse trailer manufacturing company in rural Coleman, Oklahoma, was seeking ways to boost its recruitment efforts. Although it is the largest employer in Johnson County, which includes Coleman, a town of about 150 residents, most of its employees live outside the town throughout the county and surrounding areas, resulting in commutes of 60 miles and more one way.

  To meet this challenge, the company with Fannie Mae's assistance began offering an employer-assisted housing benefit in mid-1999 as a way to attract and retain good employees who want to live near their work. An added bonus of the plan is new home construction for Sundowner employees in Coleman, reinvigorating life in the small town.

  The plan is open to employees in good standing who have been with the company for at least six months and qualify for a mortgage. Applicants are eligible for a loan of up to $5,000 for down payment and closing cost assistance. The loan is forgiven at 20% per year for 5 years.

• Whittier Police Residence Incentive Program - Whittier, California
  Whittier, California, a Los Angeles suburb, with Fannie Mae's assistance provides EAH to local law enforcement officers to encourage them to live within the city limits. The department's goal in offering this initiative is to help its officers achieve a better quality of life through greater community and school involvement and shorter commutes. These benefits also can help increase public safety.

  The Whittier Police Residence Incentive Program offers up to $10,000 to be used toward the purchase of a principal residence in Whittier, thus encouraging police officers to live in the same community they protect and serve.

• Mississippi Housing Assistance for Teachers Program
  Mississippi's public school system suffers from a serious shortage of qualified teachers in its rural areas and communities. To combat the shortage, the Mississippi Housing Assistance for Teachers (HAT) program was established to encourage teachers to live and teach in these areas. The Mississippi Department of Education and the Mississippi Home Corporation with Fannie Mae's assistance developed the program to help teachers minimize their financial burdens of buying a home and help them get on the path to home ownership.

  All teachers who agree to live and teach in one of the designated communities for three years are qualified for the HAT program. Applicants are eligible for an interest-free loan of up to $6,000 for down payment and closing cost assistance. The loan is converted to an interest-free grant for one-third of the loan amount per year for three years.

  Cost of these programs for employers depends on the type of benefits offered. Criteria for participation are also developed by the employer and Fannie Mae. Benefits can include grants, forgivable loans, deferred or repayable loans, matched savings and home-buyer education. Employers off-set their costs of such programs by reducing recruitment costs, and lowering turnover rates and training costs for employees. Experience has shown that these programs can help improve employee morale and create a positive work atmosphere that leads to greater work productivity. Employers who have employees "on call" have found that because EAH allows employees to live closer to work, response times are shortened.

  Fannie Mae says communities love the EAH program because they get an increased tax base with increased home ownership, stimulation for real estate professionals, revitalization and neighborhood stability. Employers gain an effective recruitment tool, reduce hiring and training costs, increase retention, and build a reputation as a "family-friendly" employer. Workers lower their commute time, spend less on transportation, gain the advantages of home ownership and develop strong ties to their communities.

  If you feel such a benefit program might be helpful to your organization, you can contact Fannie Mae by email at h_beth_marcus@fanniemae.com or on their web site at http://www.fanniemae.com/neighborhoods/products/housing/employer_assisted_housing.html Information packets are available for the asking.

  

  Fourth Quarter Diversity Planning

  With many cultures and religions represented in our workforce these days, it is sometimes helpful to have a reminder about the celebrations that are important to people with backgrounds different from our own.

  Following is a list of some dates you may find helpful in working with your employees to recognize important dates in their lives.

  October 2001
  National Disability Employment Awareness Month

  DATE

  • 2 Sukkoth (Jewish): Sukkoth, the first of three holidays celebrated over a nine-day period, begins five days after Yom Kippur. It is named for the huts that are erected and hung with fruits and vegetables to recall the temporary field dwellings that Hebrew farmers traditionally used during harvest time.
  • 3 German Unity Day (Germany): Following the collapse of the Berlin Wall in November 1989, the final reunification of Germany under a democratic government took place on this day in 1990.
  • 3 National Foundation Day - Kaech'on-jol (Korea): This commemorates the founding of the first Korean state in 2333 B.C.E. by Tan'gun.
  • 5 Republic Day (Portugal): Celebrates the establishment of the Republic of Portugal in 1834.
  • 5 Surrender of Chief Joseph (1877): When the U.S. government ordered the Nez Perce Indians to move from their ancestral lands in the Northwest to a reservation, Chief Joseph led his people on a 1,321-mile journey northward, hoping to resettle in Canada. After fending off army attacks and suffering terrible losses to cold and sickness, Chief Joseph surrendered on this date with a moving speech, concluding "I will fight no more forever." 8 Health Sports Day - Taiiku No Hi (Japan): A day to promote physical health and also to commemorate the Olympic Games held in Tokyo, Japan, in 1964. 8 Thanksgiving Day (Canada): Observed as a harvest festival and an occasion for families to get together for visiting and traditional foods.
  • 8 Columbus Day observed (United States): A day for observing the anniversary of the landing of Christopher Columbus in the New World. A national holiday that has come to be especially important to Italian Americans.
  • 9 Independence Day (Uganda): Commemorates the nation's achieving independence from Britain in 1962.
  • 10 Double Tenth Day - Shuang-shih (Republic of China, Taiwan): A national holiday commemorating the outbreak on October 10, 1911, of the revolution led by Sun Yat-sen against the Ch'ing Dynasty (Manchu), which led to the founding of the Republic of China on January 1, 1912.
  • 11 National Coming Out Day - March on Washington in 1987: On October 11, 1987, the largest gay and lesbian gathering yet took place to protest anti-gay discrimination and to demand a stronger federal government response to the AIDS crisis.
  • 12 Liberation from France (Laos): Commemorates Laos' liberation from its protectorate status with France and establishment of a monarchy in 1954.
  • 12 National Day (Spain): Commemorates the discovery of the New World by Christopher Columbus and Spain's gaining of a colonial empire.
  • 23 Chulalongkorn Day (Thailand): Commemorates the death in 1910 of King Chulalongkorn the Great, who abolished slavery in Thailand.
  • 23 Republic Day (Hungary): Marks the beginning of the revolt of Hungarians against Communist rule in 1956.
  • 24 Durga Puja (Hindu): This is a fall festival that honors the Mother-goddess, Durga. It is a ten-day festival.
  • 24 United Nations Day (United Nations): Commemorates the founding of the United Nations in 1945.
  • 26 National Day (Austria): Commemorates Austria's regaining full sovereignty in 1955 after its occupation by the United States and the Soviet Union at the end of World War II.
  • 28 Ohi Day (Greece): This day commemorates the resistance of the Greeks during World War II to the Italian army's invasion in 1940.
  • 29 Republic Day (Turkey): After World War I and the dissolution of the Ottoman Empire, the Treaty of Sevres established the current boundaries of Turkey and declared Turkey a republic.
  • 31 Halloween (United States): Originally called All Hallows Eve, or the eve of the feast of All Saints, it was celebrated by the Celts of Britain and Ireland. For them the date was new year's eve. On this night it was believed that the souls of the dead revisited their earthly homes, and huge bonfires were set to frighten away evil spirits. With the rise of Christianity, the autumn festival came to be associated with All Saints Day. Today, the most widely observed Halloween custom is a benign version of "trick or treat."
  • 31 Reformation Day (Protestant): Commemorates the Protestant Reformation, the movement that led to the establishment of the Protestant denominations of Christianity. Reformation Day is the anniversary of the act that began the movement in 1517. Martin Luther nailed the manuscript of his 95 theses to the door of the palace church in Wittenberg, Germany. These statements denounced a number of practices then common in the Roman Catholic Church, including the selling of "indulgences," or documents granting the forgiveness of sins. This is a public holiday in Protestant parts of Germany.

  (* B.C.E. = Before the Common Era)

  November 2001
  National American Indian Heritage Month

  DATE

  • 1 Day of the Dead - Dia de los Muertos (Mexico): Celebrated from the evening of October 31 through November 2 by Mexicans and Mexican Americans, this holiday has its roots in two traditions: the Christian observance of All Saints and All Souls Day, and two Aztec festivals on which the souls of the dead were welcomed back to visit those who remembered them. Celebrants create altars, or ofrenda, in the home with flowers, foods, and favorite possessions to honor the memory of deceased loved ones and to welcome their visiting souls. Celebration includes family and community gatherings, music, and feasting.
  • 3 Culture Day - Bunka No Hi (Japan): Public holiday established in 1948 to promote the appreciation of peace and culture. The emperor awards Cultural Orders of Merit to those who have made major contributions to Japanese culture.
  • 3 Independence from Columbia (Panama): In 1903, Panamanians, supported by the United States which wanted to build a canal across the country, revolted and declared Panama independent of Columbia.
  • 7 Day of Accord and Reconciliation (Russia and the Ukraine): Commemorates the Bolshevik Revolution in Russia that began in October 1917.
  • 11 Independence Day (Poland): The kingdom of Poland had been partitioned among Austria, Prussia, and Russia since 1772. After World War I ended in 1918, Poland was declared independent.
  • 11 Remembrance Day (Canada): A day to honor the more than 1.5 million Canadians who served and 100,000 who died in World Wars I and II and the Korean War. It is a public holiday when many Canadians wear poppies, the flower of remembrance.
  • 11 Veterans Day (United States, Belgium and France): A day of observance, originally called Armistice Day, created to commemorate the signing of the armistice that ended World War I in 1918. In the United States the designation has changed and the day now honors all who have served in all the nation's wars.
  • 14 Diwali (Hindu): One of the most important festivals of the year for Hindus. It lasts for five days and combines a number of festivals to celebrate different gods and goddesses and events in their lives as described in Hindu tradition. The day before Diwali is spent cleaning the house, shopping, and decorating with flowers. A design is painted in white in front of the door of the house to bring good luck. Lamps are lit for the entire five days beside roads, streams, edges of roofs, and on window sills to enable Lakshmi, the Hindu goddess of prosperity, to find her way to every home.
  • 14 Dutch American Heritage Day (United States): Officially established by Congress in 1991, this day recognizes the contributions made by people of Dutch ancestry to the United States. The Dutch settled in North America in the 1600s, creating the colony of New Amsterdam during 1625 in what is now Manhattan.
  • 15 Proclamation of the Republic (Brazil): Commemorates the day in 1998 that Brazil's second Emperor, Dom Pedro II, was deposed and the United States of Brazil was declared.
  • 16 Ramadan - The Month of Fasting (Islam): This is the first day of the Islamic month of Ramadan, the holiest month of the Muslim year. The festival of Laylat al-Qadr occurs during Ramadan and commemorates the revelation of the Qur'an (the holy book of scriptures) to the Prophet Mohammad. During this month, no water or food may be taken from sunrise to sunset by Muslims who have reached puberty. Observant Muslims pray, read the Qur'an, and worship at home or at a mosque.
  • 19 Discovery of Puerto Rico Day (Puerto Rico): Marks the discovery of Puerto Rico by Christopher Columbus in 1493.
  • 22 Independence Day (Lebanon): On this day in 1946, Lebanon gained its independence from France.
  • 22 Thanksgiving Day (United States): A legal holiday in all territories of the United States. It is a time for giving thanks for the harvest and for the blessings the year has brought. The celebration at Plymouth in 1621 is considered to be the first American thanksgiving observance. The first nationwide observance occurred in 1863, when Abraham Lincoln issued a proclamation designating the fourth Thursday of November as a day of national thanksgiving. In 1941 Congress made Thanksgiving Day a federal holiday.
  • 23 Labor Thanksgiving Day - Keiro Kansha No Hi (Japan): Originally a harvest festival when Japan was primarily an agricultural society, the day is now celebrated as a public holiday for all those who work.
  • 30 Independence Day (Barbados): Commemorates the independence of this Caribbean island from Great Britain in 1966.

  December 2001

  DATE

  • 1 Independence Day (Portugal): Commemorates the restoration of Portugal's independence in 1640 after a 60-year period of union with Spain.
  • 1 World AIDS Day (United Nations): This day has been declared by the World Health Organization as a time to increase education and awareness of AIDS.
  • 2 Advent (Christian): Advent means "arrival." This day begins the Christmas season and includes the four Sundays before Christmas.
  • 5 Discovery Day (Haiti): Marks the day in 1492 that Haiti was discovered by Christopher Columbus.
  • 5 National Day - King's Birthday (Thailand): On this day people renew their commitment to democracy while celebrating the birthday of the king with religious ceremonies in the temples.
  • 5 Saint Nicholas Day (Netherlands): The beginning of the Christmas season in the Netherlands. Saint Nicholas, "Sinterklaas," arrives. Cities have parades where he comes riding on a white horse or in a barge or even on a motorcycle wearing a bishop's hat and a red cape. In the evening, adults have parties and exchange gifts while children set out shoes filled with carrots and hay for Saint Nicholas' horse. The next morning, they find the shoes filled with gifts.
  • 6 Constitution Day (Spain): Marks the day in 1978 on which a new constitution was adopted by Spanish referendum.
  • 6 Independence Day (Finland): Celebrates Finland's independence from Russia in 1917.
  • 8 Bodhi Day - Buddha's Enlightenment (Buddhist): Among Mahayana Buddhists, this holiday celebrates Buddha's attaining understanding of the truth of existence, freeing himself from all human suffering, and finding perfect happiness. The date is based on the Japanese Buddhist calendar.
  • 9 Independence Day (Tanzania): In 1961 on this day the East African nation Tanganyika gained independence from Great Britain. In 1964, Tanganyika united with several islands in the Indian Ocean, including Zanzibar and Pemba, to form the United Republic of Tanzania.
  • 10 Hanukkah (Jewish): This holiday commemorates the victory of the Jewish people, led by the Maccabee family, over the Syrian Greens in 165 B.C.E. This victory marked the end of a three-year period of religious persecution, restored Jewish independence, and ensured the survival of monotheism (belief in one God). The holiday ends at sundown on December 17.
  • 10 Human Rights Day (United Nations): On this day in 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights, the first such statement of principle by an international body. The document, conceived as "a common standard of achievement for all peoples and all nations," sets forth the basic civil, economic, political, and social rights that should be guaranteed to every person.
  • 11 Laylat al-Qadr (Islam): This festival occurs during the month of Ramadan and commemorates the revelation of the Qur'an to the Prophet Mohammad.
  • 12 Constitution Day (Russia): In 1993 the new Russian Constitution was adopted by referendum. The constitution grants sweeping powers to the president, making him the person to name the government while the parliament is restricted to participating in setting the national agenda and, most importantly, passing the yearly budget.
  • 12 Independence Day (Kenya): On this day in 1963, Kenya became independent from Great Britain, ending the last of the British dependencies in East Africa.
  • 13 Santa Lucia (Sweden): This holiday, also celebrated in states such as Minnesota where there are many Scandinavian communities, honors an Italian martyr named Saint Lucia. Like many winter festivals, its central feature is lights. In Sweden, a young girl wearing a white robe and a crown of seven lighted candles serves special buns and coffee.
  • 16 Victory Day (Bangladesh): Commemorates the day in 1971 that Bangladesh won independence from Pakistan.
  • 16 Eid al-Fitr - The Feast of Breaking the Fast (Islam): Marks the end of Ramadan. It begins at the sighting of the new moon and is the time for breaking the fast. This is a three-day festival of feasting, buying and wearing new clothes, and celebrations. Since Islamic holidays are based on the lunar calendar, Eid al-Fitr may occur twice in the same year.
  • 16 Las Posadas (Mexico): Celebrated from December 16 to December 24, Las Posadas commemorates Mary and Joseph's effort to find an inn and the events associated with the birth of Jesus. The holiday takes its name from the Spanish word "posadas," meaning "a dwelling."
  • 25 Christmas (Christian): Followers of all Christian faiths observe Christmas on this day to celebrate the birth of Jesus. This day was set by the Roman Catholic Church in the fourth century as the official day for celebration. Eastern Orthodox Christians, however, continue to follow an earlier practice of using the Julian Calendar and celebrate Christmas on January 7.
  • 26 Boxing Day (Britain): Observed in Britain and many of the territories that once belonged to the old British Empire. This is the day to throw away the boxes in which one received Christmas gifts. Originally, it was the day when a box was passed for small holiday donations to be given to tradespeople. When Boxing Day falls on a weekend, the following Monday is often observed as a holiday.
  • 26 Kwanzaa (African American): Celebrated from December 26 to January 1, Kwanzaa began in the United States in 1966 and is patterned after an East African harvest festival. Symbols of Kwanzaa are set upon a low table laden with tropical fruits and vegetables. Kwanzaa decorations traditionally use a color scheme of red, black, and green: black to represent the faces of Black people and their collective beauty, red to represent the struggle and the blood of ancestors, and green to signify youth and renewed life.
  

  A Look at the California DFEH Mediation Program

  California's enforcement agency for workplace civil rights has been offering a mediation program to complainants and employers for about four months. So far, they say, it is working out well.

  Since its inception on May 1, 2001, the Department of Fair Employment and Housing (DFEH) has processed 426 cases in its pilot Mediation Program and 52% of those (222) have successfully completed the mediation process. Yet, half of all complaints filed with the Department don?t go through mediation. They are handled in the traditional way, through investigation and enforcement if necessary.

  California's Fair Employment and Housing Act prohibits discrimination in employment based on race, color, national origin, ancestry, religion, sex, age, medical condition, physical or mental disability, pregnancy, marital status, political affiliation, sexual orientation, veteran status, use of Family Care Leave rights or retaliation.

  Andrea Rosa, Deputy Director for Legislation and Policy Development with DFEH says, "We would like to have further engagement by the employer community. Ideally, all complaint cases should participate in the mediation process." Ms. Rosa heads the Mediation Program with assistance from four other Department employees. Cost of the program is born by the State of California. There is no cost to either employer or employee for participation. As Ms. Rosa sees it that is one primary reason employers should participate.

  According to Barbara Osborne, Deputy Director for Enforcement in Northern California, the DFEH Mediation Program is completely separate from the complaint-handling and investigation staff. If a case goes to the Mediation Program and is not successful, it is returned to the enforcement portion of the department. None of the mediation records are ever seen by the investigation staff. "It's like they have to start all over in the process once a case comes back from the mediation staff," said Ms. Osborne.

  While case resolutions involving complaint investigations can take up to a full year, mediations must be completed within 60 days under program guidelines. DFEH has selected 25 mediators for this pilot program, all of whom have extensive experience with mediation prior to coming to this pilot program. About half of the mediators are attorneys.

  All complainants are put through the normal DFEH "intake process" when they first arrive to file a complaint of discrimination. If the department accepts the complaint for processing, mediation is offered to the individual as an alternative to the normal Department process. When the individual accepts mediation, the Department contacts the employer in writing explaining that the complaint has been filed and offering mediation of the charges under the pilot program. "The program is voluntary and both parties have to agree to participate before we move forward," said Ms. Rosa. "If the employer does not agree to mediate the dispute, it will be sent back to the enforcement group for investigation and resolution."

  Why don't all cases go through mediation? According to Rosa, some employers want to challenge the complaint that has been filed against them. One public sector employer, who asked not to be named, said the "DFEH is trying to push employers into mediation even when we know we are on solid ground and didn't discriminate. Why should we mediate a complaint that has no justification?"

  Rosa counters with the claim that early mediation can result in a solution acceptable to both parties "without the expense of extensive employer investigations or attorney fees."

  "We are using a facilitative mediation model," said Ms. Rosa. When the result is agreement on a solution for the complaint, mediators accept whatever that resolution might be and prepare a written agreement that both parties are asked to sign. "Employers lose nothing by going through the mediation process, and they may be able to gain the cost savings of an early resolution, whether the problem is truly illegal discrimination or not," said Rosa. Many complaints fail to meet the tests for illegal discrimination. They are ultimately judged to be communication failures between employee and employer. Resolving them to the satisfaction of both parties without large expenditures of money seems to be a reasonable objective.

  At the conclusion of each mediation effort, evaluation forms are given to both parties asking for their feedback. Although it is early in the test period yet, "most feedback from those who have reached a mediated settlement appears to be positive."

  Complaints filed with the Federal Equal Employment Opportunity Commission (EEOC) have been subject to mediation since 1991 when a pilot program was conducted in four field offices. The EEOC determined that an alternative dispute resolution (ADR) process was a desirable option to formal investigations and charge settlement procedures, perhaps including litigation against employers.

  In 1996, the EEOC program was given a shot in the arm by funding from the Alternative Dispute Resolution Act and by the end of 1997 each EEOC District Office in the country had a viable mediation program in place. In 1999, funding was slashed and the mediation program took a major hit. Most external mediators were to be paid from the budget dollars that were eliminated, so the only external mediators remaining in the Federal program turned out to be pro bono mediators. The EEOC maintained a small core of mediators on its own payroll as internal sources for these services that proved to be quite popular with employers and complaining workers.

  About the future of the DFEH program, Ms. Rosa says it is ultimately up to the California Legislature. "We will be sending them a report on the results of the pilot program which ends next July. That is when the current funding expires. Any continuation of the program will depend on legislative action for funding a program extension."

  You can contact the DFEH directly about their mediation program by visiting their web site at http://www.dfeh.ca.gov or by reaching one of their two mediation offices:

  Department of Fair Employment and Housing
  Emeryville Mediation Office
  2200 Powell Street, Tenth Floor
  Emeryville, CA 94608
  510-450-2404 or 888-758-9911

  Department of Fair Employment and Housing
  Los Angeles Mediation Office
  611 West Sixth Street, Suite 2120
  Los Angeles, CA 90017
  213-892-6481 or 866-870-9456

  

  Ten Things Healthy Organizations do to Prevent Workplace Violence

  Larry J. Chavez, B.A., M.P.A.

  In order to address and prevent the horrifying phenomenon of workplace violence and to better protect the lives and well-being of its people, a healthy organization will religiously work to do the following ten things:

  1. Places a high value on human dignity and emphasizes, by its own example, respect for all people without regard to rank or position.
  2. Initiates a zero-tolerance policy for all acts or threats of violence.
  3. Promotes prevention of violence through formal training acknowledging that awareness and prevention is the most ethical, humane and effective means of addressing the violence problem.
  4. Establishes procedures for the timely reporting of violent acts or threats.
  5. Thoroughly investigates and documents all violent acts and takes immediate and appropriate action.
  6. Establishes a representative team for assessing threats and making recommendations for future violence prevention efforts.
  7. Employs proper hiring practices as the first line of defense against internal violence.
  8. Offers and provides professional assistance to employees in need of counseling or psychological support.
  9. Attains the highest practical level of physical security.
  10. Constantly evaluates its violence prevention efforts retaining aspects that were successful and eliminating those which were not.

  These, and other points, are explained in detail in Mr. Chavez's half-day Workplace Violence Prevention Workshop entitled "Workplace Violence 101". A 30-year law enforcement veteran and hostage negotiator, Mr. Chavez has provided training across the country to thousands of employees in private and public sector. He has authored several articles on the subject, contributed to major news networks and has made national television appearances. He maintains one of the most well-visited websites on the subject ( www.workplace-violence.com ) and can be reached by phone at 916-354-2265.

  

  Military Leave Requirements

  The horrible attack of September 11, 2001, on New York and Washington, DC have given rise to Presidential activation of thousands of military reservists. It has been ten years since there was a need for most employers in the country to understand and abide by military leave requirements. Since then, new legislation has been passed that addresses employee rights when called to active service. Employers need to be aware of these provisions and plan for how they will address their business needs in the absence of these workers. We thought we would review what employers must do to meet the requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994. (USERRA)

  Before anything else, employers should know that they MUST allow employees to report for active duty when called. It is permissible for employers to request a copy of the employee's military orders as confirmation of their activation. Under USERRA, employees on military leave have rights to continuing health plan coverage and pension plan accruals. And, no disciplinary action may be taken against any employee because they are called into active uniformed service. Workers are guaranteed a return to their old jobs under the same conditions that existed when they left for military leave.

  Here are some additional details.

  • USERRA covers all "uniformed services" including all branches of the U.S. Government military (Air Force, Army, Navy, Marines), U.S. Coast Guard, National Guard, and uniformed medical services.
  • Discharge Status Requirement: Anyone who receives a separation from military service for other than honorable conditions has no USERRA rights to reemployment.
  • Service Credit: The employee is entitled to credit for service (seniority) for the entire period of time they are absent on military leave. There should be no deductions of time credited because of their military leave.
  • Paid Vacation and Other Paid Time Off: Any accrued paid time off at the time military leave begins may be used at the employee's option during the military leave. Military leave time does not have to be paid time unless the employer's policy provides for such payment.
  • Health Insurance Continuation: Some benefit plans must be continued while employees are on military leave. Others are optional according to the employer's policy. Coverage should continue with the same dependent inclusions as before the leave begins. Here is a list:
    PLANS COVERED
    • Major medical plans
    • HMOs
    • PPOs
    • Hospitalization plans
    • Dental care plans
    • Vision care plans
    • Medical reimbursement plans (e.g., Cafeteria programs)
    • Prescription coverage plans
    PLANS NOT COVERED
    • Vacation plans (additional accruals once leave begins)
    • Sick leave plans
    • AD&D plans
    • Long-Term disability plans
    • Short-term disability plans
    • Child care plans
    • Life insurance plans

    Requirements for continuing coverage is COBRA-like, although it applies to every employer regardless of payroll headcount, not just those with 20 or more workers on the rolls. Therefore, even smaller employers, who offer health plan coverage plans to their workers, must provide continuing coverage at the employee's request.

    Health plan coverage provided by an employer must be available for the serviceperson and dependents for a maximum of 18 months starting on the date the military leave begins. The period of coverage will end earlier than 18-months if the serviceperson completes the military service and fails to make a timely application for reinstatement to their former job.

    Continuing coverage is not automatic under USERRA. It must be elected by the serviceperson. Employers can require the serviceperson to pay up to 102% of the applicable premium for the health care coverage chosen by the serviceperson.

  • Pension Plan Continuation: No breaks in service credit are permitted under USERRA rules. That means eligibility for pension plan coverage will continue accruing during the entire period of military leave. Depending on the type of pension plan your organization uses (Defined Benefit Plan, Defined Contribution Plan, etc.) there may be specific additional requirements. You should consult your pension plan advisor to identify all of the specific requirements in your situation.
  • Reemployment Rights: Generally, reemployment is guaranteed.
    • Application for Reemployment: When military leave lasts for...
      • 1-30 days: employee must report to work on the first calendar day following completion of military service.
      • 31-180 days: employee must submit reemployment application to employer within 14 days of separation from military service.
      • 181 or more: employee must submit reemployment application to employer within 90 days of separation from military service.
  • Job Assignment on Return: If employees are away for less than 91 days, employers must place them in the same job they occupied before their military leave. If employees are away for 91 days or more, they must be offered a like position if not their old job. Like positions are those with similar seniority, status and pay. If the returning serviceperson is not qualified for the old position or the like position, he/she must be reemployed with full seniority in a lesser position for which she/he is qualified.

  Even if you think you have a complete understanding of these requirements, we urge you to review your understanding with your management attorney before you get too far into processing military leaves. It is also a good idea to provide those employees departing on military leaves with a written description of the conditions that will apply to their benefits and reemployment rights. You will need to have benefit continuation election forms prepared for use by employees going on military leave. For these, you can be guided by your COBRA-election forms.

  

  A Gentle Word on Behalf of Our Business

  When you need help developing your affirmative action program, give us a call. We specialize in AAP development, implementation training and compliance review support for clients all over the country.

  You wouldn't go to an IRS audit alone. Why think about going into a Department of Labor compliance review without professional support? The stakes are just as high either way.

  We are ready to give you the support you need.

  And while you're at it, think about ordering a copy of our reference and training book on preparing affirmative action plans and managing compliance reviews. You will find it an invaluable resource at a price that just can't be beat.

  "Secrets of Affirmative Action Compliance," new 5th edition, contains 480 pages of the latest and current regulation requirements and practical suggestions for your organization. Includes new Federal Regulations. $99.95 plus $7. shipping/handling and CA sales tax for CA destinations. Credit Card Orders ... Call Toll Free:

  1-888-671-0404

  We can help with your other human resource management needs as well. Think of the next time you need:

• Employee Handbooks
• Management Training in Compliance Issues
• Affirmative Action Plan Development
• Affirmative Action Statistical Analysis
• Disparate Impact Testing for New Hires, Promotions, Transfers, Terminations
• Expert Witness
• Books, Software or Other Support Materials for HR Professionals


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