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What are my obligations as an employer when an employee is called up to the militaryLots of employers, in these troubled times, are asking what their obligations are when one of their employees is called up for active duty in the armed forces. Now, the government, in a time of war, is obviously going to place its effectiveness in fighting wars over your effectiveness in running businesses. In other words, it's going to take your employee from you whether you like it or not, and this is one government takeover at least that you can't hire a lawyer to challenge. Now that that's taken care of (the fact that you have no options but to give your employee up), let's look a few of the obligations that you, as an employer, have to your employee, the suddenly active soldier.
2. An employee on military leave and an employee on regular leave have to be treated as if they're in the same situation. This means that even though John Doe is off fighting for his country, he's still your employee, and you still, in important ways, have to treat him like your employee. Take benefits, for example. Let's say that Jane Doe is on regular (non-military) leave, but company policy states that she still has to pay her contribution towards her health benefits and so on. Well, when it comes to John Doe on military leave, the rules are the same. John Doe pays his contribution, and you continue to cover medically (etc.) John Doe. You don't have to do this, however, if John Doe writes to you and says, "Hey, I don't plan on returning to work for you once my military service is over." If John Doe is a part of your company's health care plan he can choose to remain covered by it for up to eighteen months during his military leave, and he has to pay at least 102% of the premium.
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