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Military Leave / USERRA

Look beyond employee’s VA disability status to determine if he’s disabled under ADA or state law

04/01/2007

Just because the Veteran’s Administration (VA) considers a former soldier to be disabled, that doesn’t automatically mean that person is disabled under other laws, such as the ADA …

Reservists’ COBRA, FMLA Rights

02/28/2007

HR Law 101: The Uniformed Services Employment and Reemployment Rights Act protects reservists when they’re away from work for extended periods. Reservists on active duty can maintain health insurance coverage by electing COBRA continuation. Employers must also count time spent on active duty toward the calendar and hour requirements for coverage under the FMLA …

Can We Reduce Benefits to Citizen-Soldiers?

02/01/2007

Q. In the past, we’ve extended additional benefits to our employees who were National Guard members called up for active duty. Although we’re not going to eliminate that practice entirely, we do want to reduce those additional benefits. Is there any problem with doing so? —L..S.

Pentagon Increases Citizen-Soldiers’ Active-Duty Time

02/01/2007

The Pentagon last month eased its limits on the time reservists and National Guard troops can spend on active duty …

How to comply with New York’s new Military Spouse Leave Law

01/01/2007

In August 2006, Gov. George Pataki signed New York’s new Military Spouse Leave Law, which allows spouses of deployed military reservists to take up to 10 days of unpaid leave from work each year …

Harassed for going to Iraq: Margate officer wins lawsuit

01/01/2007

A police officer recently won a harassment lawsuit against the city of Margate for the city’s response when the U.S. Army Reserve called him to active duty …

North Carolina Retaliatory Employment Discrimination Act

01/01/2007

The Retaliatory Employment Discrimination Act (REDA) is North Carolina’s super anti-discrimination law combining elements of several federal laws, including Title VII, the Fair Labor Standards Act, OSHA and USERRA. The Employment Discrimination Bureau in the state Department of Labor (www.nclabor.com/edb/edb.htm) enforces REDA …

You can require reservists to arbitrate USERRA claims

08/01/2006

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the rights of soldiers and reservists who are called to active duty or training and want to return to their jobs once their service is over. But these rights aren’t without limits …

Interpret Military Leave Law in Most Employee-Friendly Way

02/01/2006

Due to widespread confusion over the federal military leave law, the Labor Department issued its first regulations that try to clarify the Uniformed Services Employment and Reemployment Rights Act …

USERRA: Know your duty to returning disabled reservists

10/01/2005
THE LAW. You may know that the federal Uniform Services Employment and Reemployment Rights Act (USERRA) requires employers to reinstate employees who take military-related leave, plus it prohibits job discrimination against …