Virginia Defense Force and National Guard Leave (Va. Code §§ 44-93.2, 44-93.3)

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

Covered Employers: All nongovernmental employers.

Employee Eligibility: Virginia employees who are members of the Virginia National Guard or Virginia Defense Force, or the National Guard of another state.

Entitlement: Eligible employees are entitled to an unpaid leave of absence for the duration of time that they are called into state active duty or military duty pursuant to Title 32 of the United States Code (governing the U.S. National Guard). The maximum amount of leave under this policy, combined with any previous military leaves of absences from employment with the same employer cannot exceed 5 years.

Employer Notice: Not specified

Employee Notice: Not specified

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

Paid?: No

Benefits: If a member of the Virginia National Guard is called to state active duty by the Governor, the employer shall ensure that the member has the option of continuing, at the member's expense, their health care coverage, life insurance, or long-term care insurance. See Va. Code §44-102.1.

Reinstatement: Eligible employees returning from state active duty or military duty pursuant to Title 32 of the United States Code are entitled to reinstatement so long as the employee was honorably released from duty and the combined length of the absence for service and of all previous military leaves of absences from employment with the Company does not exceed five years.

Employees must notify the Company in writing of their intent to return to employment following military service in accordance with the following timing requirements:

• Within 14 days of release from duty or from hospitalization following release for individuals whose period of service was 180 days or less; or

• Within 90 days of release from duty or from hospitalization following release for individuals whose period of service was more than 180 days.

Upon return, employees must be restored to the position they held when ordered to duty. If that position has been abolished or otherwise ceased to exist during the employee's leave of absence, the employee will be reinstated in a position of like seniority, status and pay if the position exists, or to a comparable vacant position for which they are qualified, unless to do so would be unreasonable.

Other Important Definitions/Requirements: Eligible employees cannot be forced to use or exhaust their vacation or other accrued leaves for a period of active service. The choice of leave shall be solely within the discretion of the employee.

Relationship with Other Leave: N/A

ClaimVantage Absence Specification