US Oil > Military Leave

U.S. Oil provides leaves of absence and other benefits for the purpose of meeting military obligations in accordance to this Military Leave of Absence Policy and applicable federal and state laws.

ELIGIBILITY: Full-time and part-time associates.

EFFECTIVE DATE: Date of hire.

ACTIVE DUTY: A leave of absence will be granted for a period of up to five (5) cumulative years of time off, in accordance with the Uniformed Service Employment and Reemployment Rights Act (USERRA), for associates who are called to or volunteer for active military service. Consistent with USERRA and applicable state laws, U.S. Oil is committed to returning associates to active employment in the same or comparable position, pay grade and/or salary they would have had if they had remained continuously employed at the end of military leave if the associate meets certain pre-set criteria under the law.

PAY: The pay differential described below is applicable to an associate who is a member of one of the armed forces or a reserve unit of one of the armed forces and is called to military service (this does not include annual military encampment for Reservists/National Guard members, or voluntary enrollment in training activities).

Pay differential described below is not available to:

1) An associate who voluntarily attends basic training to become a member of a reserve unit of one of the armed forces; or

2) An associate who voluntarily leaves the employment of U.S. Oil as a result of enlisting in one of the armed forces.

Annual military training, and voluntary registration for active duty is military leave is without pay. For Reserve and National Guard members ordered to active duty, if the associate’s documented military pay is less than his/her U.S. Oil pay, U.S. Oil will pay the difference on a monthly basis up to maximum of $100,000 per year. An associate will not receive pay differential in excess of 12 months throughout his/her employment with U.S. Oil. If the associate’s military pay is more than or equal to his/her U.S. Oil pay, U.S. Oil will not provide any differential pay.

BENEFIT: USERRA provides that associates who are called to or volunteer for military service are entitled to the following:

An associate may elect to continue health insurance coverage for up to 24 months after the leave begins, or for the period of the leave, whichever is shorter. The associate will be responsible for payment of the full premium for the coverage during this period. If, however, the leave is for a period of 30 days or less, the associate will be responsible only for the normal associate portion of the premium.

Upon return from leave, coverage will be reinstated with no waiting period.

The benefits described below are applicable to:

1) An associate who is a member of one of the armed forces or a reserve unit of one of the armed forces and is called to military service; or

2) An associate who voluntarily attends basic training to become a member of a reserve unit of one of the armed forces.

The benefits described below are not available to persons who voluntarily leave the employment of U.S. Oil as a result of enlisting in one of the armed forces.

Health Insurance – This insurance will terminate on the date of active duty. However, continuation of coverage is available under COBRA provisions for up to 24 months. In addition, the government provides health care for the service person and dependent coverage is available through CHAMPUS.

Life Insurance – U.S. Oil will provide coverage under the life insurance plan and long-term disability insurance program from the date of active duty through the end of the following month. Thereafter, associates may purchase continued coverage through a conversion provision. Life insurance is provided through the military.

Flexible Spending – For associates eligible for pay differential provided for in this policy, if you are a participant in the Flexible Spending Account Plan, you may elect to continue to participate in the plan provided your pay differential is sufficient. If not, your participation will terminate on the date of your leave and you will be able to submit any claims paid up to the date of your leave.

401(k) – For associates who are eligible for the pay differential provided for in this policy, during the period an associate is out on military leave and receiving pay differential, he/she may continue to participate in the 401(k) plan at the deferral percentage currently elected, unless you choose to make a change to the deferral percentage.

For associates who are eligible for the pay differential provided in this policy, if you have a 401(k) loan, your payments will continue, provided the pay differential is sufficient. If it is not, the loan payments will be suspended and, upon your return from leave the loan will be re-amortized to extend the period of the loan by the length of your leave.

Depending on when you return, you may be given an opportunity to make additional 401(k) deferrals and receive additional matching contributions.

Vacation – An associate’s military leave will be counted as service with U.S. Oil for purposes of calculating the number of weeks of vacation the associate is entitled to receive.

Short-Term Disability/Long-Term Disability – Disability benefits will be immediately reinstated upon the associate’s return from leave.

Other Benefits – For associates who are entitled to pay differential provided for in this policy, during your military leave, all other deductions (Child Support, Garnishments, United Way, etc.) will continue to be deducted if your pay differential is sufficient, unless you choose to make changes to your deductions prior to your leave.

The following is the order that deductions will be taken from your pay differential:

1) Garnishments and Child Support

2) 401(k) Deferrals

3) Flexible Spending Account Plan

Although U.S. Oil intends to offer pay differential and benefits as outlined above to eligible associates, U.S. Oil reserves the right to terminate, suspend, withdraw, amend or modify this policy at any time consistent with applicable laws.

NOTIFICATION: The associate should immediately notify his or her supervisor when called to active duty. During a military leave an associate will continue to accrue time from the date of hire for the purpose of eligibility for benefits.

TERMINATION: A military leave of absence will terminate upon completion of service as defined by the military. Failure to report to work within ninety (90) days of the conclusion of the period of obligatory service will be considered a voluntary resignation.

Upon return to work the associate will be offered a comparable job at comparable pay and hours. All increases in pay and benefits that would have been earned will be given. Insurance coverage will begin upon return to work.