4. RE-EMPLOYMENT / RETURN PROVISIONS: This section governs the application of reemployment rights under Maine law and the Uniformed Services Employment and Reemployment Rights Act.Both Maine law and the USERRA provide certain reemployment rights and benefits to state employees who leave their positions, voluntarily or involuntarily, to enter military training or military service. Generally, employees will be entitled to reemployment with the same seniority, status, pay, and other benefits that would have been realized had they remained in the employ of the state. In order to establish his or her right to reemployment, the employee shall provide the appointing authority and the Director, Bureau of Human Resources, appropriate documentation as to character of service. The criteria for reemployment includes that the service member be employed in a position that was not temporary, that the employee must have provided notice to the employer of his or her absence for military duty, that he or she is still qualified to perform the duties of the position. Leaves of absence for military training or service will be counted as time worked for purposes of adjustments to the vacation accrual rate (e.g.: adjustment from 1 to 1.25 days per month upon completion of five years; from 1.25 to 1.5 days upon completion of ten years, and so forth). Total service time during periods of unpaid military leave will not be considered as time worked for purposes of accruing vacation credits. The time spent on unpaid military leave will not be considered as time worked for completing a probationary period.Salary and performance review dates will not be advanced as the result of unpaid military leave. Annual performance reviews for merit increases will be conducted on the basis of the anniversary date in effect prior to the military leave.

- More than 180 days: employee must submit an application for reemployment not later 9; than 90 days after completion of military service.

Employees retain additional rights with respect to the timeliness of their return to work in cases where the established time frames are impossible or unreasonable through no fault of the employee or if the employee suffers from illness or injury incurred or aggravated while in military service.

6. POSITIONS VACATED BY MILITARY LEAVE OF ABSENCE: This section provides guidance as to how positions may be filled when an employee vacates a position due to military leave. Generally, if the absence is for a period of 90 days or less, the employee must be returned to the position that he or she left. Hence, an appointing authority may fill a position vacated as a result of a short-term (less than 91 days) military leave with an acting capacity appointment or by temporary compensation. An appointing authority may fill a position vacated as a result of a long-term military leave on a permanent basis with the understanding that upon the completion of a period of military service, an employee must be promptly reemployed in the position that he or she left - or - in a position of like seniority, status, and pay which he or she is qualified to perform. An acting capacity appointment may also be considered to fill a position vacated by a long-term military leave. Although acting capacity appointments generally do not exceed one year, an exception to the one-year provision will be considered, on a case-by-case basis, based on the circumstances associated with the reemployment rights of a service member.

Should the employee granted military leave fail to exercise his or her reemployment rights, the vacancy may be filled in accordance with the respective collective bargaining agreement and Civil Service Rules.