MILITARY LEAVE / USERRA

Be prepared to justify military employee's discharge

07/23/2014

USERRA provides job protection for military-connected employees once they re­­turn from extended military service. Employers shouldn’t fire covered workers without good cause and solid reasons. Be prepared to show you would have taken the same action whether the employee served or not.

Continue benefits status during military leave

04/23/2014
Always count military leave as time worked. Simply pretend the worker is present and earning leave and other benefits. That principle applies to both your attendance policies and your FMLA practices.

Prepare to justify any adverse employment action affecting members of the military

03/17/2014
Members of the military who are called to active duty service have rights while deployed. Employers must be prepared to defend any decision that adversely affects the deployed employee.

What employment protections do military reservists and veterans enjoy?

03/06/2014
Q. Are active duty military and veterans considered a protected class?

USERRA: Beware any reference to military service when justifying discipline

02/05/2014
USERRA makes it illegal to discriminate against those who serve. Counting the time off required for reserve personnel to train violates USERRA. Make sure you don’t count it.

COBRA: Employer Obligations

01/16/2014

HR Law 101: Under the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, employers are required to continue offering health insurance benefits to employees and their covered dependents for a specified period after they leave the organization ...

USERRA

12/12/2013

HR Law 101: USERRA requires employers to re-employ persons returning from duty in the uniformed services if they meet five cirtieria. Employers must provide to service members a notice of their rights, benefits and obligations ...

FMLA: Military Family Leave

12/01/2013

HR Law 101: The National Defense Authorization Act of 2008 granted new leave rights to family members of men and women who serve in the military. Because the NDAA amended the FMLA, the changes apply only to employers with 50 or more employees.

Warren County schools agree to settle USERRA suit

11/26/2013
The Warren County Board of Edu­­ca­­tion has settled a USERRA complaint with the U.S. Department of Justice. The case involved an assistant principal at Warren County High School who is also a sergeant in the Army Reserve.

Consult lawyer before firing returning service member

10/31/2013
Members of the armed forces are protected from discharge for being called to duty. That includes those who must take short training leaves. Once released from brief active-duty periods, they must get their jobs back. Firing a returning service member without a solid reason may spark a lawsuit.

Safeguard veterans' employment rights under USERRA

10/29/2013
With Veterans Day observations on Nov. 11, it’s a good time to review employer obligations under the Uni­­formed Services Employment and Re­­employ­­ment Rights Act (USERRA).

USERRA: Accommodate returning vets--but insist that they follow reinstatement rules

05/01/2013
Employees who serve in the military are entitled to return to their jobs after their active duty ends and otherwise receive special consideration for service. But those rights have limits.

OK to cut returning veteran's job if decision wasn't based on military status

01/11/2013
Generally, members of the military released from active duty service are entitled to return to their former jobs. But what happens if bad economic times force a layoff before the em­­ployee returns to work? Is he exempt from the cuts?

DOJ files USERRA complaint against Warren County schools

11/30/2012
The U.S. Department of Justice has filed suit against the Warren County Board of Education, claiming it ­violated the USERRA when it refused to reinstate an assistant principal, a 20-year veteran of the Army Reserve who had been called to active-duty service in Kuwait and Afghanistan.

After military leave, is employee due merit raise?

11/13/2012

Q. One of our employees was on military leave for six months. He will be reinstated at the same pay and position. While he was gone, all employees in his department received a 4% pay raise in recognition for their hard work in the past year. Must we pay him that raise?

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