Georgia Military Leave (Ga. Code § 38-2-280)

NOTE: This leave will not appear on claims if your organization has chosen not to administer it.

Covered Employers: All private employers

Employee Eligibility: Georgia non-temporary employees who are members of the organized militia, U.S. reserves, or the National Guard of Georgia or another state who leave their position with the Company to perform military service.

Entitlement:

• Eligible employees are entitled to a leave of absence for the duration of the time that they are performing military service.

• Eligible employees are entitled to up to a total of 6 months of leave during any 4-year period to participate in assemblies or annual training or in order to attend service schools conducted by the armed forces of the United States for a period or periods up to and including 6 months.

• Eligible employees are entitled to a leave of absence for the duration of the time that they are serving on military duty as a member of the organized militia or of a reserve component of the armed forces of the United States.

• Eligible employees are entitled to a leaves of absence for the duration of the time that they are called into active state service as a member of the Georgia National Guard or state sponsored active duty as part of the National Guard of another state by that state's governor.

Employer Notice: Not specified

Employee Notice: Not specified

Obligation to Provide Certifications or Documents Supporting Need for Leave: Not specified

Paid?: No

Benefits: Eligible employees who are reinstated following military service will be reinstated without loss of seniority and are entitled to participate in insurance or other benefits in accordance with the Company's established rules and practices relating to employees on furlough or a leave of absence.

Reinstatement: Employees will be restored to their position or to a position of like seniority, status, and pay unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so, so long as the employee: (1) has received a certificate of completion of military service duly executed by an officer of the applicable force of the armed forces of the United States or by an officer of the applicable force of the organized militia; (2) is still qualified to perform the duties of the position; and (3) makes application for reemployment as set forth below.

In order to be eligible for reinstatement, an employee must make application for reemployment within 90 days of being relieved from military service. Different deadlines apply for the following types of military service:

• Employees taking leave for participation in assemblies or annual training or attending service schools must apply for reemployment within 10 days after completion of the temporary period of service.

• Employees serving on military duty as a member of the organized militia or of a reserve component of the armed forces of the United States must apply for reemployment within 10 days after completion of their military duty.

• Employees called into active state service as a member of the Georgia National Guard or state sponsored active duty as part of the National Guard of another state by that state's governor must apply for reemployment within 10 days after completion of their active state service.

Other Important Definitions/Requirements: Eligible employees will not be discharged without cause for one year following reinstatement.

Relationship with Other Leave: N/A

ClaimVantage Absence Specification