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Military Leave / USERRA

A tale of two employers, two female soldiers

10/27/2015
Honoring members of the military is about more than thanking them for their service. Consider, for example, how two companies recently treated citizen soldiers in their employ—one well, the other allegedly not so well.

When hiring, never consider or mention military reserve obligations

06/09/2015

Federal law protects applicants who belong to the military reserves from discrimination based on their service, and considering their military obligations when making hiring decisions is illegal. If anyone involved in hiring ex­­presses reluctance to hire a candidate because of his or her service, expect legal trouble. Make absolutely sure you had valid reasons for picking other candidates.

Which laws cover military leave?

05/04/2015
Q. Some of the employees at my construction company are members of the military and scheduled for active duty in the near future. What laws and regulations apply to me and my employees who are in the military?

USERRA: Don’t make benefits assumptions

02/24/2015

The government provides fully paid health insurance for members of the military and their families during active duty. Reservists, who aren’t always on active duty, often have insurance coverage through their employers, but that coverage usually isn’t free. It’s a bad idea for reservists to drop that coverage during deployment in favor of free military insurance.

COBRA: Employer Obligations

12/13/2014

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 …

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.