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Military Leave / USERRA

Does USERRA require you to pay employees on military leave?

Does equal treatment extend to paying employees on military leave if your leave policy pays employees for other types of leave? USERRA says yes, if the leaves are comparable.

Keep it Legal: Train managers on military service

Employees who are current or past military members are protected from discrimination based on their past, present or future service under the Uniformed Services Employment and Reemployment Rights Act. Including information on USERRA in management and supervisor training is essential.

Supreme Court upholds USERRA protections

The U.S. Supreme Court has ruled that states and other government employers can be sued under a federal law that protects employees who are serving or have served in the military from discrimination.

You may have to pay reservists for training time

A federal court has ruled for the first time that employers must pay military reservists for the time they spend on training duty if the employer offers paid time off for other purposes.

National Guard call-ups trigger USERRA obligations

Once National Guard or Reserve units are activated, employers have specific responsibilities under USERRA—the Uniformed Services Employment and Reemployment Rights Act.

Comply with the law when requiring employees to work overtime

In general, employers have the right to require employees to work overtime, as long as they are properly paid for the additional hours. However, that right is not unlimited.

Court: USERRA only protects seniority-based benefits for military-connected employees

A federal court differentiated between benefits that are based on seniority and those that are based on work already performed. Only seniority-based benefits continue to accrue while the military member is called to active duty or training.

Anti-military bias is self-inflicted wound

Warn all your supervisors: Discriminating against employees because of their military service is against the law. That means no one in a position of power may make negative comments about employees who must participate in military training sessions as part of their reserve duties.

Court discovers deception, tosses out previous decision

Here’s a rare case in which a court reversed a ruling that favored an employee because he had deceived his former employer.

USERRA requires reinstatement, with benefits

A long-running case shows the legal trouble that can ensue when an employee alleges USERRA violations.