Tag: USERRA

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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military

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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National Guardsman Gets Second Chance After Termination Following Deployment

by Barbara J. Koenig, Foster, Rieder & Jackson, P.C. As you know, the Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal statute that protects the employment rights and benefits of uniformed servicemembers who have returned from military deployment. USERRA not only requires employers to rehire returning employees who were absent from their […]

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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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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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What Is USERRA?

USERRA is the Uniformed Services Employment and Reemployment Rights Act. In short, it creates protections for uniformed servicemembers to keep their civilian jobs during a deployment or training period. USERRA was established in 1994 and serves as a clarification and addition to the Veteran’s Reemployment Rights (VRR) Statute. The aim of USERRA is to ensure […]

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