Employee Manual 2023 - Flipbook - Page 41
seniority such as status, rate of pay, pension vesting and credits for the period of pension benefit
computations. Reinstated employees may also receive training (or retraining) and other
accommodations in the event of a long period of absence.
With respect to pension benefit plans, employees reemployed under USERRA will be treated as not
having incurred a break in service. Periods of military service will be deemed as service with the
City for the purpose of determining the non-forfeitability of the accrued benefits and the accrual of
benefits under the plan. For any retirement plan that is contingent upon employee contributions
or elective deferrals, such as 401(k) plans, employees reemployed after military service will be
permitted to contribute to the plan an amount not to exceed the amount that would have been
required or permitted had the employee remained continuously employed. Such payments to the
plan may be made upon reemployment and for a period of up to 3 times the length of military
service, not to exceed 5 years.
Reemployment Rights: Employees returning from military service may be re-employed under the
following circumstances:
1. The employee provided proper advanced notice of the military service obligation;
2. The cumulative length of time that the employee was absent as a result of such service
was not more than five years;
3. The employee was not released from the service under conditions that were
dishonorable, “other than honorable,” or which involved a court martial, an absence in
excess of three months without authority, or an imprisonment by a civilian court; and
4. The employee provided timely notice to the City of intent to return to work.
Generally, an employee returning from military service will be reemployed to the position that the
employee would have held if there had been no interruption in employment. The City will make a
reasonable effort to assist employees in qualifying for such position (including training that does
not cause undue hardship) but, where such efforts fail, the employee may be placed in the last
position they held or in another position of like seniority, status, and pay, the duties of which the
employee is qualified to perform. Employees still unable to qualify for any position above may be
offered another position of lesser status and pay (for which they are qualified to perform) with full
seniority.
The City may choose to not reemploy any employee who was hired on a temporary basis or any
regular employee if the City’s circumstances have changed so much as to make reemployment
impossible or unreasonable, where it causes the City undue hardship, or as otherwise permitted by
law.
Employee Obligations: Employees who will be performing military service must give advanced
written or verbal notice to the human resources director as soon as possible. Notice is not required
if precluded by military necessity or if the giving of such notice is otherwise impossible or
City of Plymouth Employee manual - Page 41 – March 2023
