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BLR’s Human Resources Training Presentations in Texas
Understanding Military Leave Laws
30506300/0305 ©2003 Business & Legal Reports, Inc.
Goals
Understand federal laws governing military leave
Know the rights of employers and employees
Handle employment issues involving military leave appropriately
Understand Texas laws governing military leave
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Military Service Leaves Are Protected by Law
USERRA Discrimination
prohibited Retaliation
prohibited
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Eligibility Requirements
All uniformed services Reserve units National Guard Corps of Public Health Service
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Exceptions to Eligibility Rules
Other than honorable discharge AWOL Imprisonment by order of a civilian court Situations involving court martial
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Type of Service Covered
Active duty Active duty for training Inactive duty for training Full-time National
Guard duty Fitness-for-duty exams Funeral honors duty
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Notice of Military Service Required
Advance written or verbal notice by employee
Notice given by military No notice if impossible or unreasonableNo notice required for “military necessity”
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Paid or Unpaid Leave?
USERRA requirements Differential option Time limitations
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Length of Service and Exceptions
Initial period of obligated service Inability to obtain release Required training for National
Guard and Reservists Domestic emergencies
related to national security
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Length of Service and Exceptions (cont.)
War or national emergency Volunteers supporting operational missions Volunteers supporting critical missions Federal service of National Guard
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Reemployment: Time Limits For Returning to Work
Less than 31 days of leave: first full week of work
31 to 180 days of leave: up to 14 days after service
181 days or more: up to 90 days after service
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Reemployment: Time Limits For Returning to Work (cont.)
Hospitalized employees: 2 years
Fitness-for-duty exam: first full workweek
Missed deadlines: treated as unexcused absence
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Reemployment: Documentation
Required proof Failure to provide
proper documentation Pension payments
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Reemployment: Positions
Service for less than 91 days Service for more than 90 days Placement in a similar job Escalator principle
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Reemployment: Disabilities
Reasonable accommodation
Equivalent position Alternate job
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Reemployment: Exceptions
Change in employer’s circumstances Undue hardship Brief preservice employment Burden of proof on employer
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Rights and Benefits
Seniority rights Rights and benefits not based on seniority Job protection Substitution of vacation leave
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Healthcare Benefits
USERRA: continuing coverage up to 18 months
Leave of 30 days or less More than 31 daysExclusions and
waiting periods
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Pension Benefits
Vesting and accrual Employer contributions Employee contributions Calculation of
compensation
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Investigation and Enforcement
Complaints Investigations Enforcement Private
court actions
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Remedies under the Law
Compliance with USERRA Compensation for lost
wages or benefits Liquidated damages Reasonable fees and expenses
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Affirmative Action for Veterans
Federal contractors Affirmative
action notices Federal contract
obligations
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Review: What You Can’t Do
Discriminate Deny opportunities Retaliate Force use of vacation timeRefuse reinstatement Take away benefits
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Review: What You Should Do
Try to avoid schedule conflicts Work with employees who take leave Find out start and end dates of leaveKeep in touch with employees on leave Help returning employees readjust
30506300/0305 ©2003 Business & Legal Reports, Inc.
Military Service and Texas Law
Prohibited practicesVeterans’ preference
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Requirements for Private Employers
Leave of absenceReinstatement rightsEligibility for reinstatementFailure to comply
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Requirements for Public Employers
Leave of absenceBenefitsReinstatementEligibility for reinstatementService-related disabilitiesJob protected for one year
30506300/0305 ©2003 Business & Legal Reports, Inc.
Goals
Understand federal laws governing military leave
Know the rights of employers and employees
Handle employment issues involving military leave appropriately
Understand Texas laws governing military leave
30506300/0305 ©2003 Business & Legal Reports, Inc.
Summary
Employers may not discriminateFederal law protects leave for military
serviceEmployees who take military leave must be
permitted to return to workEmployers with federal contracts may need
affirmative action programs for veterans Texas law protects military leave
30506300/0305 ©2003 Business & Legal Reports, Inc.
Quiz
1.You can refuse to hire a job applicant because he or she is in the Reserves or National Guard.
True or False2.USERRA allows ______ years of cumulative, protected military leave. 3.Employees on military leave lose their benefits after being away from their jobs for 180 days.
True or False 4.You must make ________ ________ for employees who return disabled from military leave.
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Quiz (cont.)
5.You can require employees to use vacation time for military training. True or False
6.If an employee’s military leave lasts for more than ____ days, you cannot discharge that employee, except for cause, within one year after the date of reemployment.
7.Employees who file discrimination charges related to military leave may be suspended pending a hearing on the complaint. True or False
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Quiz (cont.)
8.Identify at least two exceptions to the USERRA reemployment requirements.
9.Employees who take leave to serve in the military are entitled to continuation of health benefits.True or False
10.USERRA requires employers to pay employees for military leaves of less than 30 days.
True or False
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Quiz Answers
1.False. USERRA prohibits discrimination against employees or applicants because of military service.
2.USERRA allows five years of cumulative, protected military leave.
3.False. Employees’ benefits are protected during military leave.
4.You must make reasonable accommodation for employees who return disabled from military leave.
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Quiz Answers (cont.)
5.False. You cannot force employees to use vacation time for military training.
6.Military leaves of more than 180 days mean you can’t discharge (except for cause) within one year after reemployment.
7.False. You cannot retaliate in any way against employees who file charges or other employees who assist in the investigation of the charges.
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Quiz Answers (cont.)
8.You might not have to reinstate if an employee (1) was briefly employed with no reasonable expectation of long-term employment, (2) receives a less than honorable discharge, (3) fails to give reasonable notice of return, or (4) has service-related disabilities such that reemployment would impose a undue hardship on the employer. Another exception: The organization’s circumstances have changed, making reemployment impossible or unreasonable, such as after a major layoff or restructuring.
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Quiz Answers (cont.)
9.True. USERRA says that employers can voluntarily continue coverage or offer employees continuation of coverage under a COBRA-like plan.
10.False. USERRA does not require employers to pay employees on military leave, regardless of the length of leave.