BLR’s Human Resources Training Presentations in Texas

30506300/0305 ©2003 Business & Legal Reports, Inc.

BLR’s Human Resources Training Presentations in Texas

Understanding Military Leave Laws


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


Military Service Leaves Are Protected by Law

USERRA Discrimination

prohibited Retaliation

prohibited


Eligibility Requirements

All uniformed services Reserve units National Guard Corps of Public Health Service


Exceptions to Eligibility Rules

Other than honorable discharge AWOL Imprisonment by order of a civilian court Situations involving court martial


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


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”


Paid or Unpaid Leave?

USERRA requirements Differential option Time limitations


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


Length of Service and Exceptions (cont.)

War or national emergency Volunteers supporting operational missions Volunteers supporting critical missions Federal service of National Guard


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


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


Reemployment: Documentation

Required proof Failure to provide

proper documentation Pension payments


Reemployment: Positions

Service for less than 91 days Service for more than 90 days Placement in a similar job Escalator principle


Reemployment: Disabilities

Reasonable accommodation

Equivalent position Alternate job


Reemployment: Exceptions

Change in employer’s circumstances Undue hardship Brief preservice employment Burden of proof on employer


Rights and Benefits

Seniority rights Rights and benefits not based on seniority Job protection Substitution of vacation leave


Healthcare Benefits

USERRA: continuing coverage up to 18 months

Leave of 30 days or less More than 31 daysExclusions and

waiting periods


Pension Benefits

Vesting and accrual Employer contributions Employee contributions Calculation of

compensation


Investigation and Enforcement

Complaints Investigations Enforcement Private

court actions


Remedies under the Law

Compliance with USERRA Compensation for lost

wages or benefits Liquidated damages Reasonable fees and expenses


Affirmative Action for Veterans

Federal contractors Affirmative

action notices Federal contract

obligations


Review: What You Can’t Do

Discriminate Deny opportunities Retaliate Force use of vacation timeRefuse reinstatement Take away benefits


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


Military Service and Texas Law

Prohibited practicesVeterans’ preference


Requirements for Private Employers

Leave of absenceReinstatement rightsEligibility for reinstatementFailure to comply


Requirements for Public Employers

Leave of absenceBenefitsReinstatementEligibility for reinstatementService-related disabilitiesJob protected for one year


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


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


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.


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


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


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.


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.



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.



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.

BLR’s Human Resources Training Presentations in Texas

Documents

Transcript of BLR’s Human Resources Training Presentations in Texas