Yesterday , we looked at a case involving a returning military service member who was terminated upon coming back to work. While that particular employee lost his case against his supervisor, the general rule is that you must reinstate returning service members. Today, we’ll look at some exceptions...

When you think of employment discrimination, you probably think of protected traits like gender, race, disabilities, age, or religion, among others. But the country's involvement in two hot wars over the past decade has put another type of discrimination on the radar screen: discrimination based...

Most every employer can expect to welcome returning veterans. Obligations (legal and moral) are many, and there won’t be any sympathy for employers that fail to honor their responsibilities. Many employers will also consider that they have a broader ethical obligation to those who have fought to...

Handling employee requests for time off because of illness, injury, or a disability is undoubtedly one of the most difficult — and frustrating — parts of your job. A complicated array of state and federal laws governing family leave, workers' compensation, and disability accommodation...

Special from BLR's National Employment Law Update Chuckles greeted California attorney Jeffrey Wortman when he announced that he'd tell his audience how to manage intermittent leave under the federal Family and Medical Leave Act (FMLA). He joined in the laughter, but said there are some guidelines...

Our firm has many employees whose spouses are in the military, so we're gearing up to handle leave requests in compliance with the state's recent law. While trying to set up our policies, we've come across some questions that don't seem to be answered in the materials we have received...

The new National Defense Authorization Act expands the Family and Medical Leave Act (FMLA) to permit two new types of workplace leave for family members of injured military personnel and military reservists called to active duty. Here's an overview of the requirements. Active Duty Leave The law,...

Brian Perez, a captain in the U.S. Marine Corps Reserves, was terminated the day he returned to work at Uline, Inc., in Orange County, following a one-week military leave. Uline presented Perez with a severance agreement, which stated that Perez would receive six weeks' salary in exchange for releasing...

Our firm has many employees whose spouses are in the military, so we're gearing up to deal with the new law. While trying to set up our policies, we've come across some questions that don't seem to be answered in the materials we have received. Do we have to let the employees take leave on...

Governor Schwarzenegger signed a new law on October 9 granting military spouses unpaid time off from work to ensure that military families can spend time together when the service member is on leave from deployment. The law took effect immediately. Here's what you need to know. Leave for Military...

We've got a quandary. A number of our workers have been sent to Iraq and will be returning at some point. We are, of course, more than happy to reinstate them. But they will have missed a year or two of training and development. As we read the law, it looks like we must reinstate them with their...

I'm concerned about conflicting information we've received from the IRS and our legal counsel regarding how the USERRA (Uniformed Services Employment and Reemployment Rights Act) pay differential (pay difference between military pay and the employer's pay) should be treated from a tax perspective...

The U.S. Department of Labor has announced that National Guard and reserve service members can now file military leave complaints--under the Uniformed Services Employment and Reemployment Rights Act (USERRA)--using a new electronic filing service. This new service is the latest in a series of compliance...

The U.S. Department of Labor (DOL) reports that it has received complaints from thousands of returning military personnel about their reemployment rights under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). To better educate employees and employers about their rights...

A plan to streamline and strengthen enforcement of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), has been signed by U.S. Labor Secretary Elaine Chao and Attorney General John Ashcroft. The document delegates the Department of Labor's USERRA responsibilities to the...

Michael Mills alleged that his time-off requests for weekend National Guard duty were met with hostility from his employer, Earthgrains Baking Co. And when his Guard duty became mandatory after the 9/11 terrorist attacks, the company allegedly threatened him to get out of the duty "or else."...

Under Honda of America Manufacturing Inc.'s attendance probation program, a worker who had too many unexcused absences could be terminated. Also, absences for military, family and medical, and other types of leave could prolong an employee's probationary period by the number of days spent on...

The federal Labor Department has issued a memorandum clarifying its position on the rights of returning uniformed service members to take family and medical leave. The department says that active duty time must be counted toward these workers' eligibility to take time off under the Family and Medical...

With the recent overseas military activities, many employers have been faced with managing the absences of reservists who have been called to active duty. Now a new decision from the federal Ninth Circuit Court of Appeals underscores that it's critical to understand your military leave obligations...

As thousands of reservists are being called to military action in the Balkans and taking leave from their jobs, it's a good time to brush up on the intricacies of the federal law that protects the rights of workers who serve in the armed forces. And a new federal court decision upholds the special...