Most HR professionals are aware that under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and similar state laws, they have to provide military leave for employees with military service obligations, such as those who serve in the National Guard and military reserves, and reemploy them when the duty is over. What often isn’t […]
Tag: military leave
Employees summoned to military service receive certain job protections under a federal law known as the Uniformed Services Employment and Reemployment Rights Act (USERRA). The law requires employers to provide employees on military leave any seniority-based benefit they would have accrued but for the service. A recent case from the U.S. 7th Circuit Court of […]
For those of you needing a good refresher on your obligations to employees who take leave to serve in the armed forces, the U.S. 7th Circuit Court of Appeals recently decided a case highlighting certain circumstances when you may need to pay them for that time.
As of Monday, June 1, 2020, more than 17,000 National Guard soldiers and airmen were activated in 23 states and the District of Columbia in response to civil disturbances. According to Chief of the National Guard Bureau General Joseph L. Lengyel, that brought the number of National Guard troops engaged in domestic operations at the […]
A recent decision by the U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—highlights that an employer can be sued for violating the Uniformed Services Employment and Reemployment Rights Act (USERRA) based on statements by managerial employees that reflect a bias against taking leave for military service, even though the […]
With government shutdowns periodically looming, hundreds of thousands of federal employees face losing work time and pay. When Congress fails to appropriate funds during the budget process, nonessential federal programs and agencies close and many workers are furloughed. In such a situation, there are a number of different pay scenarios and categories of employees.
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.
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 […]
Question: We have an employee who will be leaving for active duty for just about one year. What is the requirement under USERRA for continuing employee benefits?
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 […]