Details on the Uniformed Services Employment and Reemployment Rights Act (USERRA), can be found on the Federal Dept of Labor's Website about Veterans Employment https://www.dol.gov/agencies/vets/programs/userra. 

Per 38 U.S. Code § 4303 USERRA covers 'service in the uniformed services' which includes:

• Active duty
• Active and inactive duty for training
• National Guard duty under Federal statute
• A period for which a person is absent from a position of employment for an examination to determine the fitness of the person to perform such duty
• A period for which a person is absent from employment to perform funeral honors duty as authorized by law

Military Paid Leave

References:  Idaho Code 46-216 and DHR Rule 250.03

State Employees are eligible for military paid leave if:

• They are members of the U.S. Armed Forces or the National Guard, and
• They receive federal military orders requiring them to be absent from work

The maximum number of hours of paid military leave allowed each calendar year is accumulated from the 1st pay date in January through the last pay date in December.

Leave balances are not reduced.

MLT

Used by employees with a regular work schedule:

• Employees are entitled to 120 hours of paid military leave each calendar year

MLF

Used by employees assigned to an 'uncommon tour of duty' as defined in 5 CFR 630.201:

• MLF only applies to employees with FLSA code F in agency 190 (Military Division)
• Employees are entitled to '120 hours of leave prorated proportionally to the number of hours in the regularly scheduled biweekly pay period' each calendar year. Per DHR this is 159 hours.

Calculation:  Regularly scheduled biweekly pay period hours of 106 ÷ 80 pay period hours x 120 military leave hours allowed each year = 159 hours.

Note:  If an employee's federal military service hours exceed their military paid leave maximum at any time and the employee chooses not to use their leave, they should code MAD.

Military Inactivation (IM)

When an employee receives orders for federal military deployment, the employee should be changed to inactive status with an IM change reason using the date of their orders as the effective date.

• The employee is still allowed to submit hours (including CPT, VAC, MLT, etc.) and get paid while they are inactive military
• This action is optional when the deployment period is less than 60 days.
• Similar to a separation, an IM will not post to the employee's record until after payroll is processed.

System Generated Changes:

The system generates the following changes when the termination processes:

• Pay Status on all of the employee's positions is changed to 'B'
• Time Sheet Required is changed to 'Y'
• Medical/Dental options are changed to E/NS if the employee is benefitted (the tier remains the same)

Insurance Benefits

• Employees on federal military deployment are entitled to their existing medical benefits for the first thirty (30) days of a deployment per Idaho Code 46-225.
• The health/dental insurance appropriation deductions will not be withheld on a benefitted employee who is inactive due to federal military deployment.
• Employer provided Life Insurance deduction will not be taken during the deployment period.

Note:  Questions regarding eligibility status during the deployment period should be directed to the Office of Group Insurance (OGI).  

Military Active Duty and the Affordable Healthcare Act (ACA)

Under the ACA, unpaid leave subject to USERRA is considered 'special unpaid leave' and must be counted towards hours of service in a lookback measurement period.

MAD

This earnings code should be entered for all employees who are on unpaid federal military duty.  This includes any unpaid hours over the military paid leave maximum.

• Hours entered should reflect the employee's regular work schedule.
• Employee can be in an Inactive Military or Active pay status.
• Employer costs for health, dental, and life insurance are not generated for inactive employees.
• Credited State Service hours are not accrued.

Note:  MDF/MDS hours still need to be submitted when the employee returns to active state employment.

Return from Federal Military Service (AM)

Per USERRA, employees discharged from federal military service are to receive all employment benefits as if they had been continuously employed upon returning to state employment

When an employee returns to active state employment from inactive status for federal military deployment, the employee should be changed to active status with an AM change reason using the date returned to work as the effective date.

System Generated Changes:

The system generates the following changes when the termination processes:

• Pay Status is changed to 'A'

Insurance Benefits

A benefitted employee returning to active state employment will need to have their insurance benefits reinstated.

The agency must:

• Have the employee sign the Certification of Insurance Offered  form offering the same tier level offered before the employee left for active federal military service.
• Certify insurance was offered in IPOPS.
• Change the employee's Health/Dental plans to 'NW' in IPOPS.
• Send a paper Health/Dental application to OGI. 
• The paper application should be marked as 'Return from Military Duty'. 

OGI will:

• Verify any changes in coverage and make adjustments as needed.
• Enter the paper application into IPOPS

      Note:  Questions regarding the submission of the paper Health/Dental application should be directed to Office of Group Insurance.

      Credit State Service/FMLA Eligibility

Credited State Service (CSS) hours for the number of regularly scheduled hours missed during the deployment period should be added when the employee returns to state employment.

An employee's regularly scheduled hours missed during federal military service also count towards FMLA eligibility.

To add the CSS/FMLA eligibility hours, the agency must complete a Payroll MVA Adjustment action with the following information in the 'remarks' area':

• PCN
• Starting date of federal military service
• Ending date of federal military service
• Total number of MDF hours to be added
• Total number or MDS to be added
• Number of hours paid as leave per pay period during the deployment period

      The 'Pay Date Problem Occurred' is the pay date that includes the employee's return from Federal Military Deployment (Change Reason - AM) effective date.

MDF

Leave Hours paid (such as CPT, VAC, MLT, etc.) while employee was in federal military service.

• Adds hours to FMLA eligibility only

MDS

Employee's regularly scheduled hours not paid during the employee's federal military service. (Should match the number of MAD hours submitted)

• Adds hours to statewide and agency CSS balances
• Adds hours to FMLA eligibility
• MDS hours are not added to the employee's 'Probationary CSS' hours.

      Longevity

      It may be necessary to update or add a CL (longevity) through a personnel remarks when adding MDS hours.

• The effective date of the CL should be the date the employee would have reached their milestone had they been continuously employed.
• The employee's leave code may need to be updated.
• Vacation accruals may need to be adjusted.

Military Separation (SM)

The SM action is submitted to allow an agency to separate an employee who has received orders for federal military deployment. 

• An employee can choose to terminate when going on active federal military service
• The agency can terminate an employee who reaches USERRA's cumulative 5-year service limit (refer to USERRA for details) 

System Generated Changes:

The system generates the following changes when the termination processes:

• Pay Status is changed to 'T'
• Time Sheet Required is changed to 'Y'
• Shift Indicator is changed to 'N'

Medical Benefits

• Employees on federal military deployment are entitled to their existing medical benefits for the first thirty (30) days of a deployment per Idaho Statute 46-225.
• If the effective date of the SM change reason is prior to the 15^th of the month, the employee and employer health/dental and life insurance premiums will still be withheld normally.