You & USERRA: An Employer’s Guide to Military Leave

Julie Athey, Attorney

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More than 450,000 members of the National Guard and military reserves have been deployed to Iraq or Afghanistan since September 2001. For every employee leaving a civilian job to serve in the military, there's an employer or HR manager obligated to comply with legal requirements and protections for them and their families. Are you one of them?

The most challenging of those compliance requirements fall under the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Family and Medical Leave Act (FMLA), The Americans with Disabilities Act (ADA), The Consolidated Omnibus Budget Reconciliation Act (COBRA), and state military leave laws.

Learn how to satisfy ALL of your legal obligations when you add the HR Hero Executive Special Report, You & USERRA: An Employer’s Guide to Military Leave to your reference library. In plain-English, it explains:

• USERRA protections, including employee eligibility, benefit protections, amount of leave required, and more
• How it interacts with FMLA, the effect of USERRA leave on FMLA eligibility, and FMLA leave for military families
• Disabilities under USERRA and the ADA
• USERRA's continuation coverage requirements
• Applicable state laws

Table of Contents:

1. USERRA PROTECTIONS
Covered Employers
Employee Eligibility
Amount of Leave Required
Benefits Protections
Job Reinstatement
Discrimination and Retaliation
Policies and Procedures
Enforcement and Litigation

2. INTERACTION WITH THE FMLA
Comparison of USERRA and FMLA
FMLA Leave for Military Families
Effect of USERRA Leave on FMLA Eligibility

3. DISABILITIES UNDER THE USERRA AND ADA
USERRA Provisions for Disabled Employees
Comparison of USERRA to ADA
Other ADA Implications for Disabled Veterans

4. USERRA’S CONTINUATION COVERAGE REQUIREMENTS
Comparison to COBRA
Scope of USERRA Coverage
Election Procedures
Coordinating USERRA, COBRA, and Military Coverage

5. STATE LAWS
State Military Family Leave Laws
Military Leave Requirements in All 50 States

APPENDIX A
Sample Military/Reserve Leave Policy

APPENDIX B
State Military Leave Laws

And there's so much more. Order Now Risk Free for answers to all your policy questions about employees who have also serve in the military, are called to active duty, or have a family member on active duty or injured in military service.