Military Leave / USERRA

Ignore military-service absences when considering promotions, calculating benefits

01/24/2025

Employers with military-connected employees understand they must grant military leave when members of the National Guard or reserves are called up for training or active-duty service. But that’s just the beginning.

Prepare now for pending military deployments related to immigration enforcement

01/06/2025

President-elect Trump has vowed to begin mass deportations of undocumented immigrants as soon as he takes office. Executing such a sweeping plan will likely require the deployment of dozens if not hundreds of National Guard units. Depending on the outcome of legal challenges that are almost certain to be filed, military-reserve units could be called to service, too.

Make sure your commitment to supporting military-connected employees is clear

01/03/2025

When supervisors and managers express annoyance at the inconvenience that comes with weekend drills and frequent short deployments, that’s a recipe for a USERRA discrimination lawsuit if the employee is terminated or disciplined and thinks they are being targeted for retaliation. On the other hand, if management openly supports military service, there’s a good change that a court or jury will presume the employer doesn’t discriminate.

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.