• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Interpret Military Leave Law in Most Employee-Friendly Way

by on
in Employment Law,FMLA Guidelines,Human Resources

Due to widespread confusion over the federal military leave law, the Labor Department issued its first regulations that try to clarify the Uniformed Services Employment and Reemployment Rights Act (USERRA). While the new regulations don't impose new requirements under USERRA, they do help explain existing rules and emphasize that employers should read the law liberally in favor of service members.

Two key points that the rules clarified:

"Prompt re-employment." For the first time, Labor defined the requirement to provide "prompt re-employment" to returning reservists. The regulations say that "absent unusual circumstances, re-employment must occur within two weeks of the employee's application for employment." But if the employee is returning from weekend National Guard duty, "prompt re-employment" is the next regularly scheduled workday. "Prompt re-employment" after several years of active duty may allow the employer more time.

"Escalator position." The new regulations clarify that returning employees have the right to retain the level of seniority that they had before being called to service and any amount of advancement they would have received (with a high degree of certainty) if they'd remained continuously employed. You don't, however, need to put someone into a position for which he or she isn't qualified.

Read the new regulations, published in a Q&A format, at www.dol.gov/vets.

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/1645/interpret-military-leave-law-in-most-employee-friendly-way "

Leave a Comment