Military Leave Rights: USERRA, VEVRRA, FMLA, COBRA, HIPAA, and More
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Don't let your company become a liability; understand the employee's rights and employer's responsibilities on military leave.As a result of the continuing global war on terrorism, employers are faced with an unprecedented level of impact of military service on the workplace. What must an employer do when an employee gets orders to be activated? Do you have to hold the job open? What if it's an employee's family member with the orders? What are an employer's obligations then? Do you need to track veterans who apply for employment with your company? If so, what are your obligations, including reporting? This topic explores the pertinent laws for these circumstances, including the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the military service-related leave granted under the Family and Medical Leave Act (FMLA). You will be provided with employer responsibilities and employee rights as well as practice tips for handling common situations. The information will cover the responsibilities for covered federal government contractors and subcontractors under the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA), including affirmative action to employ and advance veterans.
AuthorsMatthew F. Nieman, Jackson Lewis P.C.
• Overview of Laws Implicated by an Employee's or Employee-Family Member's Military Leave
• Purposes, Principal Protections, and Broad Coverage
• Rights and Benefits While the Service Member Is Away, Including Continuation of Health Insurance Coverage (COBRA-Type Benefits)
• Reemployment Rights, Including Protection Against Discharge After Reemployment
• Denying Reemployment, Including an Employer's Changed Circumstances
• Purposes and Principal Protections
• What Is Covered
• What Is Not Covered
• Notice Requirements
• Purpose, Requirements, Enforcement
Wrap-up and Practice Tips