In accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA), as amended from time to time, Alliance Coal, LLC and affiliates (employer) permits absences of regular, full-time and regular, part-time employees to perform military service. The term “military service” used in this policy means the training, active, and other duty defined as “service in the uniformed services” under USERRA. The employer also offers certain employment and employee benefits reinstatement rights as provided under USERRA.
Annual Training and Other Short-Term Military Service
This policy permits participation in military units and provides leaves of absence for special training and other short-term military service required by such membership without loss of employment. Your benefits will be continued without interruption during such short-term leaves for military service of less than 31 days, subject to the terms and conditions of each benefit plan.
Extended Military Service
During a military leave that is expected to be 30 days or less, your current employee health plan coverage continues uninterrupted. Employees who leave active employment due to extended military service (generally 31 days or more) are entitled to continued health plan coverage for up to 24 months, or until the date on which you fail to timely apply for reinstatement of employment after the end of a period of service, if earlier. You must elect and pay for this extended coverage in the same time and manner as required under COBRA for a termination of employment. As with COBRA, your cost is 102% of the Plan cost. (See the Health Care Program Participation section for more details about COBRA Continuation Coverage.) If continued coverage is elected, the COBRA and USERRA periods will run concurrently. The COBRA coverage includes extensions for disability and later events that do not apply for an extension under USERRA. Also, the early termination events under COBRA, except for nonpayment of premium, do not apply for an extension of coverage under USERRA.
If you make timely application for reinstatement of employment after a total period or periods of military service of no more than five years, your prior employer will make every effort to reinstate you in accordance with the requirements of USERRA. You must generally submit an application for reemployment within 14 days of the end of a period of military service that lasts more than 30 and less than 180 days. For a period of military service that lasts more than 180 days, you must submit your employment application within 90 days of the end of your period of service. A reinstated employee will generally be reinstated for participation in the employee benefit programs as though the military service leave had not occurred. Such employee will also receive certain service credits and restoration of certain retirement benefits as required under USERRA. Such reinstatement rights will expire upon the individual’s dishonorable or other similar discharge or the individual’s failure to apply for reinstatement within the required time limits.
This policy will be administered in accordance with federal law concerning military duty and veterans' rights, as the law may change from time to time. Contact your local HR representative if you need more information concerning your rights during a military leave.