3.81.080 Restoration of Employment.
Any member of the Uniformed Services who has been on leave from employment because of the performance of ordered military duties may, upon the termination of such duty, make timely application to be reemployed. Such application must be submitted to the former Appointing Authority (department director or elected official) and include documentation establishing: (1) the employee's length of military service, (2) the timeliness of the application for reemployment, and (3) the type of discharge. Only honorably discharged veterans are eligible for reemployment under USERRA. Reemployment upon return from military services will be determined in accordance with applicable Federal and State laws.
A. Application Deadlines. Federal and State laws, such as USERRA, contain specific application deadlines, depending on the length of absence from work, ranging from 1 day to 90 days after completing military service. Failure to request reemployment within the application deadlines will result in a waiver of any reemployment rights.
B. Reemployment. Eligible returning service members will be restored, as nearly as possible, to their prior positions or the positions the service member would have held if remained continuously employed with the County, including such factors as:
•continuous service credit,
•anniversary date,
•step increase eligibility,
•automatic promotions,
•promotional eligibility,
•vacation accrual rates,
•personal holiday eligibility, and
•other benefit dates that are contingent upon seniority or continuous service.
However, returning service members who began their military leave while in probationary employee status will be required to successfully serve the remainder of their probationary period upon reemployment, subject to the provisions of Section 3.28.020.
C. Health Insurance. Reemployed service members' health insurance benefits will be reinstated without serving any waiting periods.
D. Retirement Benefits. If the employee applies to, and is approved by DRS for service credit, and pays the employee portion of retirement contributions, the reemployed service members' retirement benefits will be computed as if the employee had remained continuously employed. Authorized military leave will not be treated as a break in service and the County will make up its share of missed benefit contributions. However, no credit for employee earnings will be attributed to the period of leave
E. Seniority Benefits. Reemployed service members' seniority, for purposes of County employment and collective bargaining agreements, will be computed as if the employee had remained continuously employed.