Does USERRA require an employer to provide benefits to employees with military obligations that are not made available to other employees?
In other words, there is no requirement under USERRA to provide pay for military leave for nonexempt employees. Also, there is no requirement under USERRA or the FLSA for an employer to pay exempt employees on workweeks when the employee performs no work for the employer the entire workweek.
How long is job protected under USERRA?
five years
USERRA establishes the cumulative length of time that an individual may be absent from work for military duty and retain reemployment rights to five years (the previous law provided four years of active duty, plus an additional year if it was for the convenience of the Government).
How long can an employee take military leave?
Military family leave Under amendments to the Family and Medical Leave Act (FMLA), employers with 50 or more employees must allow up to 26 weeks of leave for eligible family members of certain military personnel to care for service members.
How long can employees be on military leave?
The employment protections under USERRA let employees take up to five cumulative years of military leave. Employees can use this time for both training and extended military service. After five years, the military leave policy no longer applies to your relationship with that employee.
When do employers have to take USERRA into account?
USERRA protects members of the uniformed services during employment. Employers cannot take military service into account when they fire, discipline, promote, or award benefits to employees.
Can a employer retaliate against an employee for USERRA?
Employers cannot take military service into account when they fire, discipline, promote, or award benefits to employees. In addition, employees may not be retaliated against for exercising their USERRA rights, for filing a complaint under USERRA, or for assisting others in exercising their USERRA rights.
How long do you have to be in the military to qualify for USERRA?
To qualify for USERRA’s protections, a service member must be available to return to work within certain time limits. These time limits for returning to work depend (with the exception of fitness-for-service examinations) on the duration of a person’s military service. Service of 1 to 30 Days
Who is the Department of Labor that administers USERRA?
The U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) administers the Uniformed Services Employment and Reemployment Rights Act (USERRA).
USERRA protects members of the uniformed services during employment. Employers cannot take military service into account when they fire, discipline, promote, or award benefits to employees.
Employers cannot take military service into account when they fire, discipline, promote, or award benefits to employees. In addition, employees may not be retaliated against for exercising their USERRA rights, for filing a complaint under USERRA, or for assisting others in exercising their USERRA rights.
Can a military member use accrued leave under USERRA?
Additionally, service members are able (but are not required) to use accrued vacation or annual leave while performing military duty. The Department of Labor, through the Veterans’ Employment and Training Service (VETS) provides assistance to all persons having claims under USERRA, including Federal and Postal Service employees.
How long do veterans have to return to work after USERRA?
USERRA provides protection for disabled veterans, requiring employers to make reasonable efforts to accommodate the disability. Service members convalescing from injuries received during service or training may have up to two years from the date of completion of service to return to their jobs or apply for reemployment.