C. Military Leave (Active and Reserve Service)
An unpaid military leave of absence will be granted to regular employees of Westmont who enter military service of the U.S. armed services, or are in the Armed Forces Reserves.
The Uniformed Service Employment and Re-Employment Rights Act of 1994 provides rights to a leave of absence for up to five years to any regular employee who is absent from work due to serving in the military or uniformed services. The USERRA also provides job protection for employees returning to work after serving in the military or uniformed services. Military leave will be unpaid. However, employees may use any available vacation for the absence.
If an employee serves 90 days or less, they will resume employment in the position in which he/she would have been employed had there been no interruption for military service, if the employee is qualified to perform that job. If an employee serves 91 days or more, the individual may resume employment in the position in which he/she would have been employed had there been no interruption for military service, or to a position of similar seniority, status, and pay if the individual is qualified to perform one of those positions.
Subject to the terms, conditions and limitations of the applicable benefit plans for which the employee is otherwise eligible, Westmont will continue to provide health insurance benefits while the employee receives pay from the college. Once the leave becomes unpaid, employees may continue their coverage in conjunction with Federal COBRA guidelines by paying the monthly premiums. Westmont will resume normal health plan cost sharing, based on the policy then in effect, on the first of the month following the employee's return to active employment at the college.
The accrual of paid time-off benefits (e.g. vacation and sick leave) will be suspended during unpaid portions of the leave, and will resume upon the employee's return to active employment. Holidays falling within the leave period will not be paid.
Military Spouse Leave
California law, AB 392, requires employers to provide up to 10 days of unpaid leave for qualified employees. (Employees may used paid vacation for this purpose). Qualified employees are those who work more than 20 hours per week and whose spouse is on active duty with the United States Armed Forces, National Guard or Army Reserves, and whose military spouse is on a leave from deployment in a combat zone during a period of military conflict. Employees should provide notice of the need for leave to their supervisor and Human Resources as soon as they become aware of the need for a leave (at minimum within two business days of receiving official notice that their spouse will be on leave from deployment). Military spouse leaves, like all other legally mandated leaves, require written documentation certifying the spouse’s leave from deployment. See also FMLA: Military Leave.