Memorial Day is a time to remember those who served. It’s also a good time to remember your duty, as an employer, to employees who currently serve in our armed forces.
Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), which applies to all employers, business owners can’t discriminate against employees in hiring, retention, promotion or employment benefits based on past, present or future membership in the armed services (or other “uniformed services”). At its core, USERRA is a military leave law.
Here are five USERRA military leave laws every employer should know:
Essentially, under USERRA, employers are not obligated to compensate employees during the period of military leave. However, employees on military leave are entitled to the same benefits that are provided to employees who take other forms of leave.
A final note: Be aware that state employment laws may also affect an employer’s duties regarding employee military leave. That’s why it may be wise to consult an experienced employment lawyer in your state if you have any questions about a specific situation.
Follow FindLaw for Consumers on Google+ by clicking here.
Related Resources:
- Military Service and Re-employment Rights (FindLaw)
- Employer Obligations to Employees Serving in the Armed Forces: How the USERRA Affects You (FindLaw)
- For Veteran’s Day: Tax Breaks for Hiring Vets (FindLaw’s Law and Daily Life)
- The FindLaw Guide to Hiring (FindLaw - Free Download)
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Civil Rights
Block on Trump’s Asylum Ban Upheld by Supreme Court
Criminal
Judges Can Release Secret Grand Jury Records
Politicians Can’t Block Voters on Facebook, Court Rules
