How do you administer military leave under USERRA?
How to Administer Military Leave Benefits Under USERRA
- Step 1: Determine if the Time off Requested Falls Under USERRA as a Covered Military Leave.
- Step 2: Review the Employee’s Health Benefit Coverage.
- Step 3: Determine What Compensation the Employee May Be Entitled to During Leave.
- Supplemental or differential income.
How long is military leave 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 employees be on military leave?
FMLA military leave. The USERRA military leave is separate from the leave outlined in the Family and Medical Leave Act (FMLA). Under FMLA military leave, employees may take up to 12 weeks of unpaid, protected leave related to a family member who is a covered military member on covered active duty.
What is military caregiver leave?
Military caregiver leave allows an eligible employee who is the spouse, son, daughter, parent, or “next of kin” of a covered veteran with a serious injury or illness to take up to a total of 26 workweeks of unpaid leave during a “single 12-month period” to provide care for the veteran.
Who is eligible for military leave?
Which employees are eligible for military leave? Any employee who is called to military service, training, reserve duty, etc., who is not a temporary employee is covered by the federal law. That includes employees on probationary status and employees who have been with their employer for only a few days.
Is military leave covered under FMLA?
The military family leave provisions of the Family and Medical Leave Act (FMLA) entitle eligible employees of covered employers to take FMLA leave for any “qualifying exigency” arising from the foreign deployment of the employee’s spouse, son, daughter, or parent with the Armed Forces, or to care for a servicemember …
Who is eligible for USERRA leave?
must have had or have applied for a civilian job. must have given written or verbal notice to the civilian employer prior to leaving the job for military training or service except when prevented by military necessity. must not have exceeded a 5-year cumulative limit on periods of service.
Does USERRA apply to federal employees?
USERRA applies to virtually all employers, regardless of size, including the Federal Government. While the information presented herein applies primarily to private employers, there are parallel provisions in the statute that apply to Federal, State and Local Government employers.
Is military leave a federal law?
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the federal law, while the Family Military Leave Act is a California state law. Whether an individual voluntarily or involuntarily takes leave to undertake military services, the USERRA protects his/her job rights.
Is military leave required by law?
California. Members of the California National Guard, or the national guard of any state, who are called to active duty must be given unpaid leave. Employers also may not discriminate against employees because of their membership in any branch of the state or federal armed services.