Family Military Leave
Type: Procedure Category: Human Resources Level: Community Care
Parties: Care Development of Maine employees and contractees
Printer Friendly Version: http://apps.comcareme.org/policymanual/default.aspx?code=7.MEP.32&nonav=yes
Supporting References:
Procedure: .
1) Maine�s Family Military Leave Act allows eligible employees up to fifteen (15) days of unpaid leave, upon notice and request, per covered deployment.� An eligible employee is any employee or independent contractor who has been employed by the agency for at least 12 months and for at least 1250 hours of service during the 12 months immediately preceding the leave.� A covered deployment is a deployment:
a) of a spouse, domestic partner, or parent of the employee,
b) for longer than 180 days, and
c) into active military or National Guard duty �when the duty assignment is in a combat theater or in an area where armed conflict is taking place.�
2) The leave must be used during the 15 days immediately preceding or immediately following the deployment, or both.
3) An employee must substitute any available paid leave (CarePET vacation or personal) for any unpaid Family Military Leave.
4) Insurance Coverage While on Family Military Leave
a) �Insurance coverage (health, dental, life, accidental death and dismemberment, and life) will be continued while the employee is on approved Family Military Leave.
b) The employee will be responsible for paying their share of and/or contribution to the premium (including dependent premiums if applicable).
c) While on an unpaid FMLA leave, the employee will be responsible for paying their share of and/or contribution to the premium by submitting payment to Human Resources by the date of the regularly scheduled pay date.
d) Community Care's may recover its share of the premiums for maintaining insurance coverage for the employee on an Family Military leave if the employee fails to return to work
5) An employee taking Family Military Leave will not lose any employment benefit accrued prior to the date leave commenced; but nothing in this policy entitles any employee who returns from leave to the accrual of any seniority or additional employment benefits during any unpaid period of the leave.
6) Unless one of the exceptions in the law applies, an employee who takes a Family Military Leave for the intended purpose of the leave will be entitled, on timely return from the leave, to be restored to the position held when the leave commenced or to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment.