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Military Service (USERRA)
National Summary
With the increased use of reserve and National Guard troops in full-time military service, employers must frequently deal with the requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 when those employees are called to active services and when they return. USERRA governs the leave and reinstatement requirements for military personnel. The law contains specific requirements for protected leave, rules for benefits employees are entitled to during military leave, and the requirements for reinstatement back in the civilian workforce.
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84067faqs.aspxQuestions & Answers An employee is enlisting in the military on active duty. Can we terminate him since the military is an employer and it has essentially hired him? 12/21/2010National
83696faqs.aspxQuestions & Answers Are company's required to have a USERRA policy in their employee handbook? 11/10/2010National
83349faqs.aspxQuestions & Answers Are employers required to allow employees to accrue vacation time while out on military leave? 09/16/2010National
92833faqs.aspxQuestions & Answers Are we required to pay a Christmas bonus to employees on military leave? 12/18/2012National
88933faqs.aspxQuestions & Answers Can an employee on military leave collect checks from both the government and their employer? 07/19/2011National
80863faqs.aspxQuestions & Answers Can an employer reclassify an employee's pay grade while the employee is on USERRA military service leave? 09/25/2009National
93313faqs.aspxQuestions & Answers Can we pro-rate a performance-based bonus for an employee who was on military leave for part of the year? 03/25/2013National
81316faqs.aspxQuestions & Answers Can we terminate an employee for poor performance even though he is due to go on military leave for training soon. He has received two warnings and the third will be his last per our discplinary policy. 12/05/2009National
88488faqs.aspxQuestions & Answers Do you have information on the Civil Air Patrol Leave Act? 06/23/2011National
93857training.aspxAudio Presentations How To Manage Military Leave (Audio)  National
78474training.aspxTraining Exercises How To Manage Military Leave (Exercise 1)  National
78475training.aspxTraining Exercises How To Manage Military Leave (Exercise 2)  National
78470training.aspxHandouts How To Manage Military Leave (Handout)  National
78507training.aspxHandouts How To Manage Military Leave (Handout)  National
78469training.aspxPowerPoints How to Manage Military Leave (PPT)  National
78471training.aspxQuizzes How To Manage Military Leave (Quiz)  National
78473training.aspxTrainer's Guides How To Manage Military Leave (Trainer's Guide)  National
82535faqs.aspxQuestions & Answers Is an employee who joins the Merchant Marine covered by USERRA? 06/17/2010National
83444faqs.aspxQuestions & Answers Is it legal to place an employee on Military Leave (USERRA) on a thirty (30) day waiting period (from the date of return from the leave) for reinstatement of benefit if they failed to pay premiums while out on leave? 09/30/2010National
2505timesavers.aspxPolicies Leave of Absence Based on USERRA  National
1179timesavers.aspxPolicies Leave of Absence for Terms of Uniformed Service  National
16389timesavers.aspxPolicies Leave of Absence--Uniformed Service  National
2720timesavers.aspxPolicies Military Leave (Standard)  National
75010state_comparison_charts.aspxGuidance Military Leave, by State  National
91464state_comparison_charts.aspxGuidance Military Leave, by State (PDF)  National
18342timesavers.aspxChecklists Military/ Uniformed Service Leave Checklist  National
2209state_comparison_charts.aspxGuidance National Committee for Employer Support of the Guard and Reserve  National
94582training.aspxHandouts Supervising Military Leave (Handout)  National
94583training.aspxQuizzes Supervising Military Leave (Quiz)  National
94581training.aspxTraining Talks Supervising Military Leave (Training Talk)  National
92664faqs.aspxQuestions & Answers Under USERRA, what penalty does an employer incur if it is determined by the DOL that the position the employee was given when he returned from military service was not similar enough to be considered of "like status?" 11/19/2012National
10838timesavers.aspxPosters USERRA Rights Notification (Private Sector and State Govt. Employers)  National
76203timesavers.aspxPosters USERRA Rights Notification Poster (Federal Agencies)  National
95189news.aspxNews USERRA: Deployed employee excluded during sale of company 04/07/2014National
88990faqs.aspxQuestions & Answers We have an employee who takes 2 days a month for duty in the Reserves. Does he need to provide us with any paperwork for that? Any guidance is appreciated. 07/27/2011National
82347faqs.aspxQuestions & Answers We pay employees on military leave a pay differential. Are they allowed to use vacation or sick time to supplement their military pay too? 05/21/2010National
82358faqs.aspxQuestions & Answers We pay military differential pay to employees on military leave. Is the pay treated as wages for purposes of income tax withholding? Payroll tax purposes? 05/24/2010National
89990faqs.aspxQuestions & Answers What are an employer's obligations for benefit continuation under USERRA when an employee takes military leave? 09/26/2011National
92944faqs.aspxQuestions & Answers What are an employer's obligations when an employee who resigned to join the military service returns and applies for a job? 01/14/2013National
91300faqs.aspxQuestions & Answers What happens to insurance coverage when an employee is out for a week because he's in the military reserves? 04/09/2012National
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