Military leave under 5 U.S.C. § 4318 (a) (1) (A); 20 C.F.R. USERRA covers employment, reemploy-ment and retention rights when employees serve in the uniformed Services. For employer contributions to a plan in which employees are not required or permitted to contribute, the employer must make the contribution attributable to the reemployed service member’s military-related absence no later than ninety days after the date of reemployment, or when plan contributions are normally due for the year in which the military service was performed, whichever is later. The service member consistently works 40 hours per week but earns commission based on sales. Although every attempt at accuracy is made, it cannot be guaranteed. 38 U.S.C. My employee was absent from work due to military service and has now returned to work. § 4318(b)(3)(A). 38 U.S.C. § 1002.260. After reemployment, pension contributions should be calculated based on the average rate of compensation earned during the previous 12 months. Promptness generally depends on the time the employee was away and can range from the next day after retuning from duty to up to fourteen (14) days. USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service, which includes the Armed Forces (active and reserve), the National Guard, the Public Health Service, and certain types of service in the National Disaster Medical System. Congress provided the statutory authority for investi-gating alleged violations of USERRA to the Department of Labor (DoL). [CDATA[/* > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} The service member's pension contributions should be calculated taking into account the point in time there's reasonable certainty that the promotion occurred. USERRA protects civilian job rights and benefits for veterans and members of Reserve components. Important USERRA-related resources and compliance assistance materials for employees and employers are available through the Veterans’ Employment and Training Service website. Three months ago, the service member returned from a one-week military-related absence. "Employment and Reemployment Rights Act." No makeup payment may exceed the amount the service member would have been permitted or required to contribute had they remained continuously employed. The service member, who receives pension contributions based on a percentage of compensation earned, is scheduled to work 40 hours a week. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Department of Labor Non-Technical Guide to USERRA* ESGR Questions and Answers for Employers and Employees Who Participate in the National Guard and Reserve* ESGR’s Frequently Asked Questions on USERRA - plain language codification of USERRA * Reserve Officers Association* Department of Labor USERRA Poster* USERRA. 20 C.F.R. What period of an employee's military-related absence must I treat as continuous employment for purposes of determining pension benefits? Are there any limitations on a service member's ability to make up payments to a pension plan that were missed during military-related absence? The Balance Small Business uses cookies to provide you with a great user experience. But it’s more complicated than that. This article is a general overview of the USERRA law and your responsibilities as an employer. In general, if the employee is absent from a position of civilian employment by reason of service in the uniformed services, he or she is eligible for reemployment under USERRA by meeting the following criteria: 03_08 / B124-08 Fact Sheet Number 2 T Allow employees to participate in military service After reemployment, pension contributions for the two-year absence should be calculated based on the average of the service member's compensation earned in the previous 12-month period. Had the service member been continuously employed, it appears reasonably certain that he would have worked 80 hours per month, as he has done the previous eight months. ]]>*/, Veterans' Employment and Training Service. While this fact sheet is directed to civilian employers of members of the National Disaster Medical System, it should be noted that Active component members, USERRA covers any plan, other than the federal government's Thrift Savings Plan, that provides retirement income to employees or that defers payment of income to employees until after employment has ended. It covers employees—including part-time and probationary employees—but it doesn’t cover independent contractors, freelancers, or other non-employees who do work for your business. § 4318(a)(1)(A); 20 C.F.R. Must I make contributions to the employee's pension while the employee is away? CQ: U.S. Department of Labor. .manual-search-block #edit-actions--2 {order:2;} How should pension contributions be calculated for the one-month absence? 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