THE LAW. You may know that the federal Uniform Services Employment and Reemployment Rights Act (USERRA) requires employers to reinstate employees who take military-related leave, plus it prohibits job discrimination against military or ex-military personnel.
But a lesser-known USERRA provision deals with how employers must handle employee/reservists who return from active duty with injuries or other disabilities.
USERRA is similar to the Americans with Disabilities Act (ADA) in saying that you must make reasonable efforts to accommodate a returning employee's disability. But USERRA applies to all employers, while the ADA applies only to employers with 15 or more workers. Plus, USERRA offers returning disabled reservists more generous rights.
Specifically, employees who were injured on active duty have up to two years after their return to claim reinstatement to their jobs. Plus, if a returning disabled military ...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- FMLA: Liability issues with an employee out on maternity leave?
- What's the NLRB's real stance on employees' social media criticism of employers?
- FMLA isn't carte blanche for all sick leave
- Playing favorites: How to avoid unintended partiality in decisions, reviews