Military leave

Leslie

As most companies, we have a short term military leave policy to accommodate employees in the National Guard. However, I now have an employee who has enlisted and wants military leave for basic training for the National Guard - a total of about 16 weeks. I'm trying to find out what the laws are, and what accommodations the company may be required to make for her.

System

[font size="1" color="#FF0000"]LAST EDITED ON Apr-23-01 AT 08:59PM (GMT)[/font][p]The applicable federal law is the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301 et seq. (USERRA). Many states also have their own military leave laws.

The federal law requires all employers to provide employees with up to five years of unpaid leave for military service. That includes national guard service.

Several sources regarding the requirements imposed by the USERRA are available on the HRhero.com Member Center, which you have access to if you're a Law Center member. Here's a link to a "tip" on the subject:

[url]http://www.hrhero.com/lc/regs/fact/FACT/0000137.htm[/url]

In addition, law center members can access an interpretive summary of the USERRA under "Federal Statutes, Regulations & Cases" in the members area. The summary contains a useful link to the statute itself.

Let me know if you need any help accessing this information.

Julie Athey
Senior Attorney Editor
M. Lee Smith Publishers
[email]jathey@mleesmith.com[/email]

Gar

Is reinstatement guaranteed under the USERRA?

Jarrett

>As most companies, we have a short term military leave policy to
>accommodate employees in the National Guard. However, I now have an
>employee who has enlisted and wants military leave for basic training
>for the National Guard - a total of about 16 weeks. I'm trying to find
>out what the laws are, and what accommodations the company may be
>required to make for her.


We have the same issue coming up, any advice?

bsa

The South Carolina Employment Law Letter for August, 2001 has an excellent article on military leave. I didn't realize that the law was so specific.

System

[font size="1" color="#FF0000"]LAST EDITED ON 08-09-01 AT 03:27PM (CST) by jrobb (admin)[/font][p]The Uniformed Services Employment and Reemployment Rights Act is like the FMLA on steroids. You don't have much choice except to grant the leave.

You must grant military leave up to five years (yes, five years). He accrues seniority during his leave. And, after leave of 30 days or more, there's a 6- to 12-month period when you cannot fire the returning employee except for cause.

Here's a good article on the subject:
[url]http://www.hrhero.com/military.shtml[/url]

If you're a member of your state's Law Center ([url]http://www.hrhero.com/emplc.shtml[/url]), you can search the members area of HR.hero.com

James Sokolowski
Senior Editor
M. Lee Smith Publishers

sonny

The FMLA on steroids! What a great description and scary thought!!