Run: USERRA Military Leave Policy

This policy explains how the Company administers military leave for employees who perform service in the uniformed services and how the Company complies with **USERRA (38 U.S.C. §§ 4301-4335)** and applicable regulations. It addresses eligibility, notice, benefits, reinstatement, and employee protections. The Company will not discriminate against, deny employment to, or retaliate against any employee because of past, present, or future military service.

This policy applies to all employees, including full-time, part-time, temporary, and probationary employees, unless a specific statutory exception applies. **Applicable jurisdictions:** United States. Where state law provides greater rights or benefits than USERRA, the Company will apply the more protective rule. **Applicable roles:** All employees and managers involved in leave administration, payroll, benefits, scheduling, and return-to-work decisions.

For purposes of this policy: - **Uniformed services** means the Armed Forces, Army National Guard, Air National Guard, commissioned corps of the Public Health Service, and other service categories protected by USERRA. - **Military leave** means leave for active duty, active duty training, inactive duty training, fitness-for-service examinations, funeral honors duty, and other covered service. - **Reemployment rights** means the statutory right to return to work after qualifying military service, subject to USERRA requirements. - **Escalator position** means the position the employee would have attained with reasonable certainty if employment had not been interrupted. - **Reasonable accommodation** and the **interactive process** may apply if an employee also has a disability related to military service and requests workplace adjustments under the ADA.

The Company provides military leave and reemployment rights in accordance with USERRA and will not require an employee to choose between employment and service obligations. The Company will: 1. Grant leave for qualifying military service when the employee provides notice as soon as practicable, unless notice is precluded by military necessity or otherwise impossible or unreasonable. 2. Continue benefits as required by law and by the terms of applicable benefit plans. 3. Restore eligible employees to employment promptly upon timely application for reemployment. 4. Prohibit discrimination, harassment, intimidation, or retaliation based on military service, application for leave, or exercise of USERRA rights. 5. Coordinate military leave with other applicable leave laws, including FMLA, state paid sick leave, and any state military leave protections, where applicable.

An employee is generally eligible for USERRA-covered leave if the employee leaves a position to perform service in the uniformed services and meets USERRA's statutory requirements for notice and timely return. **Employee responsibilities:** - Provide advance notice to the Company as soon as practicable, unless military necessity prevents notice or notice is otherwise impossible or unreasonable. - Provide a copy of military orders or other documentation when available. - Inform HR of expected leave dates, contact information during leave, and anticipated return date updates. - Submit a timely application for reemployment after service, based on the length of service and USERRA rules. **Manager responsibilities:** - Immediately route leave requests to HR. - Do not discourage service, request unnecessary detail, or make comments that could be perceived as discriminatory. - Preserve schedules, time records, and leave documentation in accordance with record retention requirements.

USERRA does not require the Company to pay employees for military leave unless required by applicable state law, a collective bargaining agreement, or Company policy. During military leave: - The employee's health coverage and other benefits will be administered as required by USERRA and the applicable plan documents. - The employee may be eligible to continue health coverage at the employee's cost for the period allowed by law. - Upon reemployment, benefits, seniority, and accruals will be restored as required by USERRA. - Vacation, sick leave, and other paid time off will be handled according to applicable law and plan terms. - Wage and hour treatment will comply with the **FLSA**; exempt status will not be improperly docked in a manner inconsistent with salary-basis rules, and nonexempt timekeeping will reflect actual hours worked before and after leave. If the employee is eligible for paid military leave under state law or Company policy, HR will coordinate the applicable pay process.

When an employee is eligible for reemployment under USERRA, the Company will restore the employee to the position the employee would have attained with reasonable certainty had employment not been interrupted, or to a comparable position if required by law. The Company will also restore: - Seniority and seniority-based rights - Pay rate and compensation progression as required by law - Benefits and eligibility status - Reasonable training or refresher support if needed to qualify for the restored position The employee must notify HR of the intent to return to work within the timeframes required by USERRA, which vary based on the length of service. If the employee has a service-connected disability, the Company will engage in the ADA **interactive process** to determine whether a **reasonable accommodation** is needed to perform the essential functions of the position.

The Company prohibits adverse action against any employee because of military service, military obligations, application for leave, or exercise of rights under USERRA. Protected conduct includes, but is not limited to: - Requesting military leave - Serving in the uniformed services - Filing a complaint or participating in an investigation regarding military leave rights - Assisting another employee in asserting USERRA rights Any alleged violation will be investigated promptly and in good faith. Employees may report concerns to HR, the Compliance Officer, or any manager without fear of retaliation.

HR will: 1. Review the leave request and confirm whether the leave is covered by USERRA or another leave policy. 2. Document the start and expected end dates, contact information, and any benefit elections. 3. Coordinate with payroll to ensure correct coding of leave, pay, and accruals. 4. Notify benefits administrators of any continuation or reinstatement actions required. 5. Track deadlines for reemployment requests and return-to-work processing. 6. Maintain records in accordance with the Company's retention schedule and applicable law. Payroll will ensure that time records, exempt salary treatment, and any paid military leave amounts are processed consistently with the **FLSA** and applicable state wage laws.

Violations of this policy, including retaliation, interference with leave rights, failure to report leave accurately, or failure to cooperate with reemployment procedures, may result in corrective action up to and including termination of employment, consistent with applicable law. Before discipline is imposed, HR should review the facts, confirm whether the employee acted in **good-faith**, and determine whether any protected leave, disability accommodation, or state-law overlay applies. A **documented warning** or **PIP** may be used for unrelated performance issues, but not as a pretext for military-service discrimination or retaliation. Employees who believe their rights have been violated should contact HR immediately. The Company will investigate and take appropriate remedial action where warranted.

This policy will be reviewed at least annually and updated as needed to reflect changes in federal, state, or local law, including USERRA, FMLA, FLSA, EEOC guidance, and any applicable state military leave requirements. **Jurisdiction-specific carve-outs:** - **California employees:** Review any applicable California military leave, paid sick leave, and wage statement requirements. - **New York employees:** Review any applicable state and local leave, anti-retaliation, and whistleblower protections. - **Illinois employees:** Review any applicable leave scheduling and rest-period requirements. - **Washington employees:** Review any applicable paid sick leave coordination rules. If a conflict exists between this policy and applicable law, the law will control.