Tag: military leave

military

Fedex Miscalculated Pension Benefits for Employee Who Took Military Leave

The 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a claim by an employee who alleged that his pension credits were improperly calculated and did not give him sufficient credit for compensation he received during military leave.

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FMLA Leave 101: What Qualifies as a Serious Health Condition?

Managing leave under the Family and Medical Leave Act (FMLA) has its challenges. Employers need to ensure that all HR staff and all managers who deal with employee leave requests are well-versed in the finer details of FMLA-related leave. They should understand who is eligible for leave, how much they’re eligible for, how you track […]

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Coordinating FMLA with USERRA

In this article series, we’ll focus on the intersection of the Family and Medical Leave Act (FMLA) and how it affects many other laws, including the Americans with Disabilities Act (ADA), workers’ comp, and other state laws that apply to medical or disability leaves. Additionally, the FMLA may intersect with a variety of employer-provided leaves […]

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Ask the Expert: Must We Pay Out Vacation for Employee on Military Leave?

Question: An employee has been on military leave for 6 months.  We have been paying the difference between her base wage and her military pay. Now she is requesting to have us pay out her vacation. We do not pay out vacation unless an employee terminates employment. We also don’t payout vacation for employees on […]

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Overtime in Limbo—What Employers Should Do Now (Infographic)

Now that the Department of Labor’s (DOL) overtime rule changes have been put on hold, what should employers do? That, in part, depends on the steps your company took to prepare. In May 2016, the federal DOL released final changes to the overtime regulations. With this final rule, the DOL sought to update the salary […]

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ATE: How Do We Handle Probationary Employee Called to Active Duty?

My question regards a probationary employee called to active duty. We have an employee who is serving a 9-month probationary period who was called to active duty for 2 years. By law, do we have to make them a permanent employee? Or do extend the probation and upon her/his return have the employee complete their […]

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Ask the Expert: Military Leave—Paid or Unpaid?

We have an employee that just came back from military leave. He did not present orders to HR or payroll and turned in a timecard with “5 days Military Leave” written across the week he was gone. Payroll paid him for that week and deducted 40 hours of leave. The employee came back stating that […]

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Ask the Expert: Does USERRA Apply to Voluntary Active Duty?

We have an employee that is a member of the Army National Guard. He is considering applying for an Active Duty position within the Guard. If he applies for this position and he is approved for voluntary active duty while still employed with us, will the USERRA guidelines still apply?

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ADA and USERRA: Duty owed to employees who fight for country

by Brinton M. Wilkins Society has long understood that war can exact a heavy psychological toll on the soldiers, marines, sailors, airmen, and coast guardsmen who serve in the military. During WWI, servicemembers came home with shell shock. The psychological difficulties military men and women face have been diagnosed as “combat stress reaction,” “combat fatigue,” […]

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