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Military Leave / USERRA

Warn bosses: No disparaging military service

If a member of the National Guard or reserves is terminated, he or she can use the statement to show that military service was a motivating factor in that termination. That’s all that’s required under USERRA.

The ‘surge home’: Welcome service members back to work

U.S. combat operations in Iraq ended in December, and the Depart­ment of Defense is gradually drawing down forces in Afghanistan. As you rehire employees returning from military service, make sure you follow USERRA guidelines. How to comply:

DOL: It’s time to formalize FMLA military family leave

The U.S. Department of Labor has proposed new FMLA rules that would formalize several statutory amendments that expanded military family-leave rights in 2008 and 2009. The new rules would officially incorporate into the FMLA amendments that were tacked onto the National Defense Authorization Act. If you’re covered by the FMLA, these rules will apply to you.

Must we rehire returning service members? We have already hired replacement workers

Q. We have a number of employees who serve in the armed forces. Some have taken multiple leaves in recent years because they were called up for duty in Iraq or Afghanistan. At least one has been gone for years. With the drawdown of troops in Iraq, we expect that several will want to return to our company, but we have had to hire people to replace them. Are we obligated to rehire them even if we don’t have an open position?

The new year means new laws covering veterans hiring, whistle-blowing

Employers will ring in some new laws in 2012 that will bring new opportunities and challenges, including the VOW to Hire Heroes Act and the Dodd-Frank amendments to the Sarbanes-Oxley Act.

New Year, new laws covering veteran hiring, whistle-blowing

Employers will ring in some new laws with the New Year, and those laws will bring challenges and opportunities.

When restoring soldiers to equivalent jobs, include any missed raises, promotions

With more veterans returning from active duty in Iraq, Afghanistan and elsewhere, remember: Under the Uniformed Services Employment and Reemployment Rights Act, service members are entitled to reinstatement as if they never left for deployment.

USERRA: Handling pay, benefits for returning service members


The end of U.S. military combat operations in Iraq means that more “citizen soldiers” will be returning to the civilian workforce. That makes it critical for HR professionals to understand USERRA, the federal law that protects the employment rights of military reservists and National Guard troops. Here’s a primer.

When service member returns from active duty, reinstate to job that’s truly comparable to old one


Under USERRA, employees called up to serve our country are entitled to prompt reinstatement. Your obligation is triggered when the returning service member tells you he is ready to return. It’s not enough to place the re­­turn­­ing worker in an entry-level position: Returning service members are entitled to reinstatement to the same position or one similar to the job they previously held.

Returning soldiers must follow your policies


Soldiers who take military leave for active service or training are generally entitled to return to their jobs when they finish their military service. They even have protection from being terminated without cause if they served long enough. But USERRA does not protect employees who fail to follow existing company rules when they return or try to return.