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Military Service (USERRA) (including USERRA (Military Service))
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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98542faqs.aspxMilitary Service (USERRA)Questions & Answers If an employee is choosing to join the National Guard, do we have to hold their job? They were not enlisted when we hired them. 09/02/2015National
93313faqs.aspxMilitary Service (USERRA)Questions & 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
92944faqs.aspxMilitary Service (USERRA)Questions & 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
92833faqs.aspxMilitary Service (USERRA)Questions & Answers Are we required to pay a Christmas bonus to employees on military leave? 12/18/2012National
92664faqs.aspxMilitary Service (USERRA)Questions & 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
91300faqs.aspxMilitary Service (USERRA)Questions & Answers What happens to insurance coverage when an employee is out for a week because he's in the military reserves? 04/09/2012National
89990faqs.aspxMilitary Service (USERRA)Questions & Answers What are an employer's obligations for benefit continuation under USERRA when an employee takes military leave? 09/26/2011National
88990faqs.aspxMilitary Service (USERRA)Questions & 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
88933faqs.aspxMilitary Service (USERRA)Questions & Answers Can an employee on military leave collect checks from both the government and their employer? 07/19/2011National
88488faqs.aspxMilitary Service (USERRA)Questions & Answers Do you have information on the Civil Air Patrol Leave Act? 06/23/2011National
84067faqs.aspxMilitary Service (USERRA)Questions & 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.aspxMilitary Service (USERRA)Questions & Answers Are company's required to have a USERRA policy in their employee handbook? 11/10/2010National
83444faqs.aspxMilitary Service (USERRA)Questions & 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
83349faqs.aspxMilitary Service (USERRA)Questions & Answers Are employers required to allow employees to accrue vacation time while out on military leave? 09/16/2010National
82535faqs.aspxMilitary Service (USERRA)Questions & Answers Is an employee who joins the Merchant Marine covered by USERRA? 06/17/2010National
82358faqs.aspxMilitary Service (USERRA)Questions & 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
82347faqs.aspxMilitary Service (USERRA)Questions & 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
81316faqs.aspxMilitary Service (USERRA)Questions & 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
80863faqs.aspxMilitary Service (USERRA)Questions & Answers Can an employer reclassify an employee's pay grade while the employee is on USERRA military service leave? 09/25/2009National
93857training.aspxMilitary Service (USERRA)Audio Presentations How To Manage Military Leave (Audio)  National
78474training.aspxMilitary Service (USERRA)Training Exercises How To Manage Military Leave (Exercise 1)  National
78475training.aspxMilitary Service (USERRA)Training Exercises How To Manage Military Leave (Exercise 2)  National
78470training.aspxMilitary Service (USERRA)Handouts How To Manage Military Leave (Handout)  National
78469training.aspxMilitary Service (USERRA)PowerPoints How to Manage Military Leave (PPT)  National
78471training.aspxMilitary Service (USERRA)Quizzes How To Manage Military Leave (Quiz)  National
78507training.aspxMilitary Service (USERRA)Handouts How To Manage Military Leave (Trainee Handout)  National
78473training.aspxMilitary Service (USERRA)Trainer's Guides How To Manage Military Leave (Trainer's Guide)  National
78472training.aspxMilitary Service (USERRA)Speaker's Notes How To Manage Military Leave - Script View  National
2505timesavers.aspxMilitary Service (USERRA)Policies Leave of Absence Based on USERRA  National
1179timesavers.aspxMilitary Service (USERRA)Policies Leave of Absence for Terms of Uniformed Service  National
16389timesavers.aspxMilitary Service (USERRA)Policies Leave of Absence--Uniformed Service  National
2720timesavers.aspxMilitary Service (USERRA)Policies Military Leave (Standard)  National
91464state_comparison_charts.aspxMilitary Service (USERRA)Guidance Military Leave, by State (PDF)  National
11042analysis.aspxMilitary Service (USERRA)Analysis Military Service  National
18342timesavers.aspxMilitary Service (USERRA)Checklists Military/ Uniformed Service Leave Checklist  National
2209state_comparison_charts.aspxMilitary Service (USERRA)Guidance National Committee for Employer Support of the Guard and Reserve  National
94582training.aspxMilitary Service (USERRA)Handouts Supervising Military Leave (Handout)  National
94583training.aspxMilitary Service (USERRA)Quizzes Supervising Military Leave (Quiz)  National
94581training.aspxMilitary Service (USERRA)Training Talks Supervising Military Leave (Training Talk)  National
10838timesavers.aspxMilitary Service (USERRA)Posters USERRA Rights Notification (Private Sector and State Govt. Employers)  National
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