National Guard Called to D.C. for Inauguration—Where Does That Leave Employers?

As of Friday, January 15, Army Secretary Ryan McCarthy had authorized up to 21,000 National Guard troops from around the country to assist law enforcement with security related to today’s inauguration of President-Elect Joe Biden according to Military Times. The troops have come from nearly all states, with more than four times the number of […]

Giving the Boot to Kickboxer Violated USERRA

As a recent appellate decision demonstrates, the scope of protection afforded to servicemembers and veterans under the Uniformed Services Employment and Reemployment Rights Act (USERRA) is broad. Employers should err on the side of caution when dealing with employees returning from any military service, no matter how limited or how brief their tour of duty […]


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 […]

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 […]

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 […]

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 […]