Page 80 - Foltz Trucking Driver Handbook

The Company must document impossibility or unreasonableness, undue hardship, or temporary nature of the job.
Discharge
A person who is re-employed pursuant to the federal Uniformed Service Act cannot be discharged except for cause pursuant to the following schedule:
•
• Within 180 days if the person's period of service was more than 30 days but less than 181 days.
Within one year, if the person's service was more than 180 days; or
Seniority-based benefits
Individuals who are re-employed are entitled to all seniority-based benefits. For example, vacations are tied to years of service, and accordingly, the amount of uniformed service is added to actual employment service. In other words, if an individual is entitled to three weeks of vacation after five years of employment, a person who had four years of employment service and one year of uniformed service would be entitled to three weeks of vacation. In general, there must be a reasonable certainty that the benefit would have accrued if the employee had not gone into uniformed service and the nature of the benefit must be a reward for length of service. Part time employees and temporary employees are not eligible for any benefits, and thus this policy does not apply to them.
Non-seniority-based benefits
An individual returning from uniformed service is entitled to all benefits not based on seniority in the same manner as any employee on a leave of absence would be able to accrue under other Company policies. These policies are either those in effect at the time the individual left on uniformed service or which were implemented while the employee was away. In general, the most favorable treatment accorded any type of leave must also be accorded to the uniformed service leave. Again, part time employees and temporary employees are not eligible for any benefits, and thus this policy does not apply to them.
Please note that where employees are required to pay a portion of the cost for non-seniority-based benefits, the individual on a uniformed service leave is required just like all other employees to pay a portion. Waiver
An employee may waive his or her rights of non-seniority-based benefits by knowingly providing a written notice of intent not to return. Please note that if an employee does seek re-employment even after signing an effective waiver of non-seniority rights, the Company will still provide the employee with the required seniority-based benefits.
Use of accrued leave
Employees are permitted to use any accrued leave such as vacation leave or other leave with pay toward uniformed service time. However, the Company does not require employees to use paid vacation leave to apply toward a uniformed service leave.
Uniformed service and COBRA
Employees on uniformed service leave and who are enrolled in the health care plan have the right to elect continuation coverage similar to the rights under COBRA. Employees returning to work are entitled to reinstate health coverage as if they had never left. Essentially, exclusions for pre-existing conditions, proof of good health, and waiting periods cannot be applied. However, exclusions for illnesses or injuries which were service connected are applied. The right to continue coverage during uniformed service applies to the employee and his or her dependents. This right to continuation coverage applies to all health plans, not just group health plans. The maximum length of required continuation coverage is the lesser of 24 months beginning on the day that the uniformed service commences or a period ending on the day after the employee fails to return to employment within the time allowed by the federal law. If an individual has COBRA rights, and the COBRA rights are greater than the rights under the federal Uniformed Services Act, COBRA applies.
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