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Military Leave / USERRA

Understand how USERRA protects FEMA reservists

10/28/2024
If you have employees who belong to the National Guard or military reserves, you are probably familiar with the Uniformed Services Employment and Reemployment Rights Act. But USERRA doesn’t just protect the employment rights of military-connected employees. It also covers Federal Emergency Management Agency reservists—paid civilian temporary employees who assist FEMA during emergencies and the recovery phase that follows natural disasters.

Provide any form of short-term leave? Better cover military leave, too

09/20/2024
The 9th Circuit Court of Appeals has ruled that the Uniformed Services Employment and Reemployment Rights Act requires employers that provide any form of short-term leave to also grant leave to members of the National Guard and military reserves so they can take time off for training or short deployments. In doing so, the 9th Circuit joined several other federal circuits in finding that USERRA requires employers to provide such leave.

Consider extra support for military members

06/20/2024
Two federal laws protect members of the armed services from discrimination and provide limited time off for service-related injuries, and it’s important to be well-versed in these regulations. Many companies are going further to show support for their military employees, offering extra benefits.

Does USERRA require you to pay employees on military leave?

06/28/2023
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

02/17/2023
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

07/07/2022
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

03/04/2021
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

03/24/2020
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

02/18/2020
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

02/07/2020
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.