Military Leave / USERRA

DOL issues new FMLA poster: Get your free copy here

01/08/2009

The U.S. Department of Labor has issued a new FMLA poster to go along with the new FMLA rules that will take effect Jan. 16. Don’t waste budget dollars buying new posters from HR vendors. You can download the official version for free right here.

Justice Department sues judge, courts for USERRA violations

12/31/2008

The U.S. Department of Justice has filed a lawsuit accusing the North Carolina Administrative Office of the Courts and N.C. Superior Court Judge Jerry Braswell of violating former Magistrate James Myles’ rights under USERRA.

New USERRA poster released: Download your free copy here

11/25/2008

The U.S Department of Labor has made some technical changes to the poster that notifies workers of their rights under the Uniformed Services Employment and Reemployment Rights Act. Don’t waste money buying new versions of the poster from third-party vendors. You can download your free copy right here.

New USERRA poster released, but replacing your old poster isn’t required

11/21/2008

Contrary to what you may be hearing from poster companies, U.S. employers do not need to replace their workplace posters that notify workers of their rights under Uniformed Services Employment and Reemployment Rights Act (USERRA).

What should we do? Employee on active duty wants to apply for open position

11/20/2008

Q. Our manufacturing company has a current job opening for an engineer. One of our employees who is on active duty in Iraq for six months learned of the position and would like to apply. Do we have to consider his application?

The new FMLA: Top 10 changes you must comply with

11/18/2008

On Nov. 17, the U.S. Department of Labor finalized the first major overhaul of the FMLA regulations in 15 years. Some changes favor employers, but others will make FMLA compliance trickier than ever. Here’s what’s in store. BONUS! HR Specialist will hold an audio conference briefing to help you comply with the new regs.

When USERRA conflicts with changing organizational needs

10/30/2008

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) grants service members re-employment rights when they notify their employers of their intent to return to work after being released from active duty. But what happens when an employer finds that its business needs have changed while the employee was on active duty? …

Employee out on military leave: How long must we hold his position?

10/03/2008

Q. How long am I required to hold a position open for an employee who needs a leave due to military service? …

Public employees must file USERRA claims in state court

09/19/2008

The 9th Circuit Court of Appeals has limited the way state employees can sue the agencies where they work for violating their rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). State employees can’t go to federal court with their claims. Instead, they must sue in state court …

No reemployment delay allowed for returning soldiers

09/05/2008

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) controls how employers handle employees who also serve in the military. As the following case shows, federal appeals courts are losing patience with employers that don’t know or don’t follow USERRA’s strict rules for reemployment …