National Tragedy

System

[font size="1" color="#FF0000"]LAST EDITED ON 09-11-01 AT 01:34PM (CST)[/font][p]As I'm sure everyone agrees, it is very strange to even think about working today in light of our national tragedy. But I do notice that there are quite a few of you logging on to the forum, so I would like to express our horror and grief for the lives lost today. Our prayers and hearts go out to those who in any way have experienced personal loss because of this tragedy.

Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]

keithlf

Yes I agree with you Christy. May God bless all who have suffered because of his of this. Everyone in this great nation of ours has suffered loss. It is now the time for all Americans to stand behind our President and pull together as one great team. Let's start by smiling at one another and tell everyone how important they are to us and to our nation. GOD BLESS AMERICA!!

Gar

We here in North Carolina extend our condolences and sympathies to those who may have been impacted by this terrible, terrible tragedy. As a nation, regardless of national origins or political stripe, we must and we will stand together and embrace those ideals that make us who we are. In the words of the Civil Rights movement, "We shall overcome."

WOCO Frank

I hope that never again will this country feel the need to apologize for acting in the interests of our national security.

System

We at HRHero.com have compiled some advice on dealing with this tragedy, including some legal and HR issues you might not have thought of. We hope it helps. It's at
[url]http://www.hrhero.com/headlines/tragedy.shtml[/url]

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Gar

Jmaes,

Thanks for the information on USERRA. It is indeed timely. I have several questions. I believe I know the answers but one can never be to sure so please indulge me:

1. Am I correct in assuming USERRA is unpaid leave?

2. I am a local government and our employees accrue vacation and sick time. Many have accrued more sick time than Carter has liver pills. Can employees also take sick time to cover their leave?

3. Do employees have USERRA protection as a result of basic training or active duty periods resulting from initial enlistment in the National Guard or Reserve?

4. Assuming USEERA time off is unpaid leave, if an employer provides paid military leave, can it deny pay in compliance with USEERA?

5. What are some typical restrictions on how much employers can charge employees for health coverage?

System

Gar,

I'm not a lawyer, but here's what I gathered from articles in South Carolina Employment Law Letter and elsewhere in response to your questions:
>
>1. Am I correct in assuming USERRA is unpaid leave?

Right. USERRA doesn't require paid leave, but a collective bargaining agreement might. And there might be a state law somewhere that would, although I doubt it.
>
>2. I am a local government and our employees accrue vacation and sick
>time. Many have accrued more sick time than Carter has liver pills.
>Can employees also take sick time to cover their leave?

I haven't read anything about this, so I assume USERRA doesn't give employees the right to use sick leave the way they can use vacation time. I suppose it depends on your policies and collective bargaining agreement, if you have one.
>
>3. Do employees have USERRA protection as a result of basic training
>or active duty periods resulting from initial enlistment in the
>National Guard or Reserve?
>
Yes. In fact, the law would protect an employee who decides to join the Navy tomorrow and commits to a five-year hitch.

>4. Assuming USEERA time off is unpaid leave, if an employer provides
>paid military leave, can it deny pay in compliance with USEERA?
>
I think you'd want to consistently apply your policy, whatever it is.

>5. What are some typical restrictions on how much employers can charge
>employees for health coverage?

If the military service is 31 days or less, they pay only the regular employee's share of premiums.

If military service extends beyond 31 days, you can require the employee to pay 102 percent of the full premium, which I believe is the same or similar to COBRA.

James Sokolowski
Senior Editor
M. Lee Smith Publishers