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Employing Military Personnel and Recruiting Veterans—Attitudes and Practices 6/24/2010
Leave Benefits: Military: Do I have to pay an employee on military leave? Can I require him or her to use paid time off/vacation time?7/9/2009 The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects from discrimination or retaliation an employee who gives proper notice of the need for a military related absence and provides job reinstatement rights for up to five years. There is no requirement under USERRA to pay the employee for the military related absence.
Leave Benefits: Military: Must an employer continue health care benefits for employees on military leave?11/9/2009 For the employee reporting for active duty, the employee’s health insurance must be continued for a period of 31 days after they leave, on the same basis as that of other active employees. After this 31-day period, you can offer the employee the opportunity to elect COBRA; however, the COBRA duration period is for 24 months rather than 18 months.
Leave Benefits: Military: How must benefits be reinstated for an employee returning from a long-term military leave?11/9/2009For paid time off benefit accruals, if employees on other types of leave are permitted to accrue leave during periods of absence, then accruals of paid time off benefits must be permitted for absences due to military leave.
HEART Act Military Leave Guidance: Impact on 401(k) Accruals, Distributions3/16/2010 The Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act) requires employers to provide certain retirement and welfare benefits for returning military personnel and their beneficiaries. On Jan. 20, 2010, the Internal Revenue Service issued Notice 2010-15, which provides long-awaited guidance in the form of questions and answers on several HEART Act provisions, including survivor benefits, benefit accruals, differential pay and distributions.
HR Magazine: Supporting the Troops 7/1/2007 Employers who offer military differential pay should also offer tips for dealing with the tax rules
FMLA: Eligibility: How do the FMLA military expansion provisions affect USERRA and military leaves?2/1/2009 They don’t.
Samples and Forms:
Military Leave of Absence--Brief
Military Leave of Absence--Long
FMLA: Servicemember's Family Member Leave Request & Response
Research Article:Managing Military Leave and Military Family Leave4/1/2009 Scope--This article provides an overview of legal requirements and practical issues associated with leave for military service ("military leave") and leave for military family members ("military family leave").
Leave Benefits: Military: If an employee voluntarily resigns to join the uniformed service, does USERRA still apply?12/5/2008 Yes, an employee who resigns employment to serve in the uniformed service may be entitled to reemployment rights and certain benefits under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
March-April 2006: The USERRA Regulations Deconstructed3/8/2006 The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the federal law that establishes various rights and benefits for employees and applicants for employment who have served the nation in military or other forms of protected governmental service. Employers have corresponding obligations under USERRA to provide leaves of absence and to re-employ employees who enter military service while employed.
Escalator Provision Remains Widely Misunderstood10/27/2010 Employers continue to misunderstand the escalator provision of the Uniformed Services Employment and Reemployment Rights Act (USERRA), according to Jim Thelen, an attorney with Miller Canfield in Lansing, Mich. 1st Circuit: USERRA Coverage May Be Triggered Prior to Formal Military Orders11/5/2010The 1st U.S. Circuit Court of Appeals recently held that an employee’s announcement to his employer that he intended to return to active duty after remaining inactive for multiple years was sufficient to trigger protection under USERRA.
USERRA Poster Spells Out Employers' Health Care Obligations11/12/2007A notice in poster format explaining the rights of employees under the Uniformed Services Employment and Reemployment Rights Act (USERRA) is now available for employers to downloadfrom the Department of Labor (DOL) web site. Sample Letter:
USERRA Leave: Insurance Continuation Form LetterDear [Name of Employee]:Pursuant to your request for military leave of absence commencing [date], this letter serves to advise you of how your insurance coverage will be continued during the period of military leave.
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