Tag: Military Service

Determining FMLA Eligibility: Requirements for Family Member’s Serious Health Condition

This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on caring for adult children. Employees who are eligible for FMLA leave who want to take leave to care for a child 18 years of age or older must satisfy five requirements to qualify for FMLA […]

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Ask the Expert: Will Laying Off Enlisted Employee Violate USERRA?

We have just determined that we will be having a reduction in force. One of our employees, who was scheduled to be affected by the reduction, just notified us yesterday that he needed the day off to get a health exam as part of his enlistment process for military service. Since his selection for termination […]

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USERRA: Do the Right Thing for the Right Reasons for Employees in the Military

As we celebrate Veterans Days this week and honor the men and women who have served the United States in military service, it’s a good time for employers to recognize their employees who are citizen-soldiers and are beginning to come home — as well as other employees who continue to join reserve units or the […]

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Former National Guardsman Prevails on Reemployment Claims Against Employer

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) provides, at its core, reemployment rights for employees returning from military service and protection from employment discrimination following reemployment. Last month, the U.S. Court of Appeals for the Sixth Circuit clarified that a qualified service member’s reemployment rights can’t be delayed or otherwise limited […]

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Employers Bear Brunt of Proof in USERRA Cases

The First U.S. Circuit Court of Appeals recently developed a new two-part test for determining discrimination based on military service under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This newly created test may prove problematic for employers. To find out why, read on. Basic Training for Supervisors: easy-to-read guides to avoid legal hazards, […]

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Can Employers Apply USERRA Differently for Workers Who Volunteer for Service?

Q: Our Uniformed Services Employment and Reemployment Rights Act (USERRA) policy is administered differently for employees ordered into military service or leave and those who volunteer for military leave. The policy states that for ordered military leave shorter than 31 days, the company will pay the employee’s normal rate of pay. For voluntary military leaves, […]

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