Military Leave / USERRA

USERRA: Beware any reference to military service when justifying discipline

02/05/2014

USERRA makes it illegal to discriminate against those who serve. Counting the time off required for reserve personnel to train violates USERRA. Make sure you don’t count it.

USERRA

12/12/2013

HR Law 101: USERRA requires employers to re-employ persons returning from duty in the uniformed services if they meet five cirtieria. Employers must provide to service members a notice of their rights, benefits and obligations …

FMLA: Military Family Leave

12/01/2013

HR Law 101: The National Defense Authorization Act of 2008 granted new leave rights to family members of men and women who serve in the military. Because the NDAA amended the FMLA, the changes apply only to employers with 50 or more employees.

Warren County schools agree to settle USERRA suit

11/26/2013

The Warren County Board of Education has settled a USERRA complaint with the U.S. Department of Justice. The case involved an assistant principal at Warren County High School who is also a sergeant in the Army Reserve.

Consult lawyer before firing returning service member

10/31/2013

Members of the armed forces are protected from discharge for being called to duty. That includes those who must take short training leaves. Once released from brief active-duty periods, they must get their jobs back. Firing a returning service member without a solid reason may spark a lawsuit.

Safeguard veterans’ employment rights under USERRA

10/29/2013

With Veterans Day observations on Nov. 11, it’s a good time to review employer obligations under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

USERRA: Accommodate returning vets–but insist that they follow reinstatement rules

05/01/2013

Employees who serve in the military are entitled to return to their jobs after their active duty ends and otherwise receive special consideration for service. But those rights have limits.

OK to cut returning veteran’s job if decision wasn’t based on military status

01/11/2013

Generally, members of the military released from active duty service are entitled to return to their former jobs. But what happens if bad economic times force a layoff before the employee returns to work? Is he exempt from the cuts?

DOJ files USERRA complaint against Warren County schools

11/30/2012

The U.S. Department of Justice has filed suit against the Warren County Board of Education, claiming it violated the USERRA when it refused to reinstate an assistant principal, a 20-year veteran of the Army Reserve who had been called to active-duty service in Kuwait and Afghanistan.

After military leave, is employee due merit raise?

11/13/2012

Q. One of our employees was on military leave for six months. He will be reinstated at the same pay and position. While he was gone, all employees in his department received a 4% pay raise in recognition for their hard work in the past year. Must we pay him that raise?