Military Leave

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) in general requires that employees who leave their jobs to serve in the “uniformed services” be reemployed in the same jobs they left behind and at the same salary and benefits they would have enjoyed had not they not interrupted their employment, including salary increases.

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Military Leave Training

USERRA Enforcement: From the Battlefield to the Office-What You Need to Know As Service Members Return to Work
November 10, 2009

With the anticipated scale down of military operations in the next several months, employees who were on military leave during the conflict in Iraq and Afghanistan will be returning home, and ready to return to work. In most circumstances, employers with returning service personnel are required to re-employ these service members to the positions they would have attained except for their military service.

How to Comply With new FMLA Rules Affecting Military Family Members
February 9, 2009

Recent amendments to the FMLA that provide new entitlements for employees with family members in the military will significantly impact how employers administer FMLA. The changes will permit these employees to take FMLA leave for “exigencies” that occur when a family member is called to active duty. In addition, the changes entitle employees to take up to 26 weeks of protected leave in a single 12 month period for a recovering service member who became ill or injured in active duty.
 
In this 90-minute interactive audio conference attendees will learn how the new changes will affect how employers administer FMLA, what employers can do to minimize mistakes, and when the changes will have to be enacted.
 
Major learning points or questions that will be answered in this audio conference:
·          When is an employee entitled to leave under these new amendments?
·          What family members are covered?
·          What constitutes “active duty?”
·          How do these new entitlements interplay with other existing FMLA entitlements?
How can employers get into compliance with these new requirements
Order the CD from Thompson Interactive

Military Leave News

Supreme Court Expands Employers’ Discrimination Liability Under USERRA
March 3, 2011

An employer may be held liable under the Uniformed Services Employment and Reemployment Rights Act for the discriminatory intent of a supervisor who influenced but did not ultimately make an adverse employment action, the U.S. Supreme Court has ruled.

Protection From Protestors Not a USERRA Right, 1st Cir. Rules
December 23, 2010

Being protected by one’s employer from assault by protestors is not a “benefit of employment” under the Uniformed Services Employment and Reemployment Rights Act, the 1st U.S. Circuit Court of Appeals ruled.

DOD, DOL Coordinate USERRA Efforts on Veterans
December 1, 2010

Two federal offices central to the enforcement of the Uniformed Services Employment and Reemployment Rights Act signed an agreement to coordinate their efforts around National Guard, Reserve and other military veterans.

USERRA Protects After First Notice, 1st Circuit Rules
November 15, 2010

An employee’s announcement to his employer that he intends to return to active duty military service can trigger protections for the worker under the Uniformed Services Employment and Reemployment Rights Act.

Supreme Court Considers Employer Liability in USERRA Case
November 3, 2010

The U.S. Supreme Court on Tuesday heard oral arguments in a case that will likely decide whether employers may be held liable under the Uniformed Services Employment and Reemployment Rights Act if company officials cause or influence — but ultimately do not make — discriminatory employment decisions.

Military Leave Library Updates

Ohio Military Family Leave Law Takes Effect
July 26, 2010

Beginning July 2, 2010, Ohio employers with 50 or more employees are required to provide leave for employees who are a spouse or parent of a member of the military who is called to active duty or is injured or hospitalized while serving on active duty. SmartHRManager.com has reprinted the full text of the law in the State HR and regulations library.

USERRA - The Other Leave Law
January 15, 2009

This report explains how employers should comply with U.S. Department of Labor rules issued in 2006 that further strengthen returning service members' rights to return to their old jobs.