Tag: USERRA

Question: How does USERRA protect an employee when he or she leaves to serve in the military, and when does COBRA eligibility start? Is there an extra 30 days under the employer’s active plan? Answer: The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides for health benefit continuation for employees who are absent from…

Question: Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), do we have to grant time off for pre-enlistment medical exams? Answer: Yes, pre-enlistment activities are covered under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Therefore you will want to grant time off for this purpose.

Question: Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), how do vacation accruals work? Answer: Vacation accruals, that is, the actual receipt of vacation time benefit rather than the rate at which an employee accumulates the benefit, is not usually tied to seniority. For example, a person returning from three years of service may…

Question: Does the Consolidated Omnibus Budget and Reconciliation Act (COBRA) come into play upon the exhaustion of the 24-month period for military leave? Answer: An employee who is absent from work due to uniformed service is entitled to continue his or her group health coverage for a period of 24 months. Once this period has…

Question: When an employee notifies the employer before being sworn into the military, is the employee’s job still protected although he or she is not a yet part of the military? Answer: The Uniformed Services Employment and Reemployment Rights Act (USERRA) also protects employees who have applied to serve in the uniformed services from discriminatory…

Question: Do candidates for military leave have the same eligibility requirements as with the Family and Medical Leave Act; for example, 12 months, 1250 hours, etc.? Answer: There are two laws related to military leave: one is for the service member, and the other is for the family members of service members. The Uniformed Services Employment and…

Question: Do candidates for military leave have the same eligibility requirements as Family and Medical Leave Act; for example, 12 months, 1,250 hours, etc.? Answer: There are two laws related to military leave: one is for the service member, and the other is for the family members of service members. (1)    The Uniformed Services Employment…

Question: When considering military leave for an employee, does the accrual occur as if the person was not gone and was actively working? Answer: The escalator principle under the Uniformed Services Employment and Reemployment Rights Act (USERRA) does not mean accruals of vacation or sick time continue, but rather the employee is credited with time…

Question: Does military leave up to five years apply to family members of a military person as well? Answer: There are two laws related to military leave; one is for the service member, and the other is for the family members of service members. Family members are not entitled to five years of leave. The…

Question: In regard to military leave, we have an employee who has been out for about four years and is part of the “Wounded Warrior” program. He has recently failed to provide us new orders. If we get to five years and he has not returned to work, is it okay to terminate employment? Answer:…