Download: Veterans' Reemployment Rights Poster PDF
History has seen many sons and daughters of West Virginia sacrifice everything for this great state and this great nation. Therefore, it is with great pride and immeasurable gratitude that the Division of Personnel lends unwavering support to our members of the United States Armed Forces and their families and thanks them for their unselfish dedication and commitment to serving their country.
Billie Jo Streyle-Anderson, Director
West Virginia Division of Personnel
This
guide is intended to be used as a reference and procedural guide for public
employees called to active duty. The general information it contains should
not be construed to supercede any law, rule, or policy. In the case of any
inconsistencies, the statutory and regulatory provisions will prevail.
For technical assistance concerning specific situations, employees and employers
may contact the Division of Personnel’s Employee Relations Section at
(304) 558-3950, Extension 511.
MILITARY LEAVE
Fact Sheet for Public Employees
In an effort to assist state employees in making the transition from public employment to active duty and aid their return, the West Virginia Division of Personnel is providing this informational guide. It is designed to provide public employees and their families with answers to frequently asked questions and other useful information, including procedures regarding the call to active duty, and a checklist of what to do when notified of orders.
Note: The following information
is derived from West Virginia Code §15-1F-1, and the West Virginia
Division of Personnel Administrative Rule, Section 14.9 - Military
Leave.
[Scroll or Click a topic. Use Back to return to list.]
I. Activation
II. Military Leave
III. Continuing Insurance Coverage
VI. Withholding
VII. Retirement
VIII. Family Medical Leave Act (FMLA)
I. Activation
There are two types of activation a National Guard member/Reservist will incur. One is federal duty and the other is state active duty. Federal duty is essentially being activated by proper federal authority. State active duty is being activated by the Governor of West Virginia in time of need or crisis. Permanent state employees will be granted leave for either federal or state active duty according to West Virginia Code §15-1F-1. Temporary employees are not eligible.
Once called to report to a unit, he or she should immediately contact their immediate supervisor. Written orders are not always available immediately, however, as soon as possible, it is the employee’s duty to obtain and report orders to their immediate supervisor.
More information about military leave is available.
II. Military Leave [Back to List]
Permanent public employees are provided with thirty days of military leave per calendar year for routine training/drills or state active service by West Virginia Code §15-1F-1(a). Furthermore, if public employees are called to active duty by proper federal authority, they will receive an additional thirty days of leave for each instance of call to active duty as provided in West Virginia Code §15-1F-1(b). Once leave is exhausted, you may be placed on a personal leave of absence without pay or use available annual leave. You may not carry forward any military leave hours from subsection (a) to the next calendar year. Any remaining balance of days from §15-1F-1(a) may be added to the thirty days granted in §15-1F-1(b). Form DOP-L1 is available for employees to fill out for military leave.
III. Continuing Insurance Coverage [Back to List]
If an employee’s health insurance coverage would terminate because of an absence due to military service, the employee may elect to continue the coverage after the absence begins, for the length of his or her activation. Reservists are covered under the government’s military health plan (Tricare) after thirty-one days of active duty. On return from service, health insurance coverage will be reinstated without any waiting period or exclusions for pre-existing conditions. For more information on employee health insurance use this PEIA link (http://www.wvpeia.com/eligibility%20memos.htm).
IV. Reinstatement/Recall [Back to List]
To be entitled to reinstatement you must receive a certificate of satisfactory service or general discharge. Upon return from a period of duty in the uniformed services you will be returned to the same or similar position. You will not be taken off the payroll while waiting for military orders and will return without loss of pay, status, or efficiency rating.
V. Pay Increases [Back to List]
You will be entitled to receive credit for any pay increase(s) that occur while on active duty upon return to state employment, including any merit raises or other pay increases (e.g., across-the-board) you would have received normally or that others in the same position received.
VI. Withholdings [Back to List]
As long as you are receiving your regular pay, all withholdings, including child support and taxes, will be withheld from your check as normal.
VII. Retirement [Back to List]
Retirement will continue to be withheld from wages and tenure will continue during your military service, for a maximum period of five years, when you are reinstated to your current position. For more information concerning retirement follow this link to CPRB
VIII. FMLA [Back to List]
Time on military leave (paid and unpaid) is included in calculating both the twelve-month service requirement and the 1,250-hour work requirement for purposes of the Family and Medical Leave Act.
CHECKLIST
___ Notify supervisor and provide a copy of orders or letter (on the letterhead of a military unit) signed by the commanding officer.
___ Complete an application for leave with pay form DOP-L1.
___ Contact the benefits coordinator concerning orders and continuation of benefit coverage.
___ Provide a family member or friend with copies of all submitted documentation.
___ Make sure family member or friend have all information provided by military unit including a name of a contact person(s), telephone numbers, etc.
___ Make sure a family member or friend knows your branch of service, rank, unit name, company name, battalion name, social security number, and last known location.
___ Consider preparing a “Power of Attorney,” particularly including employment issues, e.g., PEIA open enrollment and/or changes in beneficiary.
Other Useful Links [Back to List]
DOP Military Leave Information