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2006 Procedures Manual


Leave of Absence:

General Information | Military Leave | Types of Leave |
Agencies Reporting Layoffs to MOSERS

General Information back to top

A leave of absence approved by the agency ensures that no break in service occurs. It is important to remember, however, that an approved leave of absence does not guarantee a member will receive creditable service for the period of time on leave.

Members off Payroll
When a member is off payroll, you must submit a Leave of Absence/Back to Work form to notify MOSERS of the leave. This form should be submitted in a timely manner so members are not behind on direct bill payments.

Members Returning to Work
When the member returns to work, this form must be completed again to remove him/her from direct bill status. This will ensure the member does not pay direct bill premiums because he/she is back to work.

Illness Leave
In calculating the highest 36 months of service, members can receive salary credit based on the amount of compensation the member would have received had he/she been actively at work. This means we need to know when a member is on an illness leave for himself/herself, even if he/she is receiving partial pay.

A leave of absence due to a member’s illness is creditable service for a period of time up to one year. Additionally, in months where the member does not receive a full paycheck (or does not receive any pay) due to his/her illness, MOSERS will give credit for a full month’s salary as if the member had worked. Therefore, it’s very important that MOSERS is notified when these situations occur in order for average compensation (high 36) to be calculated correctly.

If the member is on an illness leave for himself/herself, please submit a leave form even though the member is receiving pay. During a leave, the member is not required to retain coverage.

MOSERS Will Automatically Bill Members
MOSERS will automatically bill the member for basic life insurance, optional life insurance, and LTD coverage. Do not do 1DED (one time deduction) transactions for basic and LTD while a member is on leave. These are due from the employee and not the state.

If a member terminated optional life coverage while on leave, coverage will be reinstated automatically when the member returns to work at the same level of coverage. They will NOT have to prove insurability.

FMLA
If a member goes on a leave of absence under the Family Medical Leave Act (FMLA) for a family member, he/she will be eligible to receive service credit for up to 12 weeks. After 12 weeks, the leave is no longer creditable.

The Standard life insurance contract states a member must have basic life insurance in order to insure their child(ren) with optional coverage. To retain child(ren) coverage while on a leave of absence, the member must continue his/her basic coverage.

Important Note: Only submit leave forms for members on an invalid leave if they are going to miss a full payroll cycle.

 

Military Leave back to top

If a member is called to or volunteers for active military duty, the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the member’s employment and benefit rights, provided the member meets the eligibility requirements set forth by law.

Service Credit
Upon returning from military leave, the member may be eligible to receive credit in MOSERS for active-duty military service. This service will be used in determining the amount of and eligibility for a retirement benefit.

To be eligible for military service credit, the member must:

  • Have been employed by the state immediately prior to entering the armed forces.
  • Return to state employment within the timeframe specified by USERRA.
  • Provide you with a copy of their honorable discharge and or military DD214 form or other pertinant proof documents if military service lasts more than 30 days.
  • Meet any other requirements under USERRA.
USERRA Guideline for Returning to State Employment After Military Leave
1-30
Days
Member must report for work by the beginning of the first regularly scheduled work day that falls 8 hours after you return home.
31-180 Days
Member must submit an application for reemployment no later than 14 days after completion of military service.
181+ Days
Member must submit an application for reemployment no later than 90 days after completion of military service.

Life Insurance
Members on military leave may keep basic, optional, and dependent life insurance coverage for the duration of deployment by paying the required premium. During this time, they will be billed for the monthly premiums. Should the member die while on active military duty, the insurance benefit will be paid to the designated beneficiary(ies).

Dependent Coverage
In order to retain dependent life insurance coverage, the member must retain his/her own coverage. The premiums for dependent coverage will be included in the monthly billing.

If the MOSERS life insurance coverage is cancelled, it will be reinstated at the same level of coverage when the member returns to work for the state in a benefit eligible position.

Long-Term Disability
Members on military leave may keep long-term disability (LTD) coverage for up to one year by paying the required premium. During this time, they will be billed for the monthly premium.

If the MOSERS LTD coverage is cancelled, it will be reinstated if the member returns to work for the state in a benefit eligible position.

Members will not be covered for any long-term disability caused or contributed to by war or any act of war. War means declared or undeclared war, whether civil or international, and any substantial armed conflict between organized forces of a military nature.

LTD coverage will end on the earlier of the following events:

  • The last day of the calendar month in which the required premiums are paid.
  • The last day of the pay period coinciding with one year from the member’s last day at work.

 

Types of Leave back to top
Types of Leave Code  
Medical Leave for Member LVI9
  • The member can earn up to one year of creditable service for retirement.

  • The member can keep basic life, optional life, and long-term disability (LTD) insurance coverage for up to one year if the member pays the premiums.
Workers' Compensation LVWC
  • The member can earn up to one year of creditable service for retirement.

  • Basic life insurance will be paid by the agency if the member is receiving workers' compensation benefits, otherwise the member can keep basic and optional life insurance coverage for up to one year if the member pays the premiums.

  • LTD insurance will be paid by the agency if the member is receiving workers' compensation benefits. Otherwise, the member can keep LTD insurance coverage for up to one year if the member pays the premiums.
Family Leave for Family Member
(as of 8/28/02)
LVFM
  • The member earns service credit up to 12 weeks.

  • The member can keep basic life, optional life, and LTD insurance coverage for up to one year if the member pays the premiums.
Layoff LVLL
  • The member does not earn creditable service.

  • The member can keep basic life, optional life, and LTD insurance coverage for up to one year as long as the member pays the premiums.
Military Leave LVMI or LVMV
  • The member can earn creditable service for active duty, but not until the DD214 is submitted to the employer and USERRA compliance is verified (see the "Military Leave" section for more information).

  • The member can keep basic and optional life insurance coverage for the duration of deployment by paying the premiums.

  • LTD benefits may be retained for up to one year by paying the premiums.
Leave Other LVOT
  • The member does not earn creditable service.

  • The member can keep basic life, optional life, and LTD insurance coverage for up to one year if the member pays the premiums.

Leave of Absence/Back to Work:
A leave of absence due to a member’s illness is creditable service for a period up to one year. Additionally, in months where the member does not receive a full paycheck (or does not receive any pay) due to his/her illness, MOSERS will give credit for that pay period’s salary as if the member had worked. Therefore, it’s very important that MOSERS is notified when these situations occur. Please coordinate payroll and personnel information. If a member is on the payroll, but not back to work, send MOSERS a memo explaining why. (Any time you send a memo concerning payroll, please include your agency/fund/appropriation number.) Members on a leave of absence must pay the direct bill rate to retain life insurance and long-term disability coverage. If a direct bill is not paid, coverage is terminated at the end of the pay period for which premiums were paid. If a member terminated optional life coverage while on leave, coverage will be reinstated automatically when the member returns to work at the same level of coverage.

Example of Leave of Absence Back to Work form below:

Sample of Leave of Absence/Back to Work form



Agencies Reporting Layoffs to MOSERS back to top

A layoff occurs when an employer lays off an employee by reason of:

  • a shortage of work or funds.
  • the abolition of the position.
  • other material change in the duties or organization.
  • other related reasons which are outside the employee’s control and which do not reflect poor job performance by the employee.
desk
Reporting layoffs is different than reporting a typical termination.

Agencies must report any employees who are laid off by sending MOSERS a leave of absence form (not a termination form). Laid off employees are eligible to continue their life insurance and long-term disability coverage for up to one year.When MOSERS receives the leave of absence form, we will work directly with the employee to determine if life insurance and long-term disability coverage are to be continued. If the employee has not returned to work once the one year layoff period ends, MOSERS will automatically terminate the service record and any life or LTD coverage still in effect.

Laid off employees do not accrue creditable service for the time they are laid off. If a laid off employee returns to state employment within one year, their prior service will be immediately reinstated upon reemployment. If a laid off employee that is not vested returns to work after a break in service of one year, the employee must be continuously employed for one year before their prior service is reinstated.

Accurately reporting employees who are laid off will assist us in providing the benefits to which these employees are entitled.

If you have any questions on reporting layoffs to MOSERS or about the provision of benefits to laid off employees, please contact MOSERS at (800) 827-1063 or (573) 632-6100.

If you have questions about layoffs for state employees in general, and under the Merit System in particular, please contact the Pay, Leave and Reporting Section of the Division of Personnel at (573) 522-1258.

For your convenience, MOSERS provides a Merit System Service report for employers that have secure access.


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