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Can We Reduce Benefits to Citizen-Soldiers?

by on
in Employment Law,FMLA Guidelines,Human Resources

Q. In the past, we’ve extended additional benefits to our employees who were National Guard members called up for active duty. Although we’re not going to eliminate that practice entirely, we do want to reduce those additional benefits. Is there any problem with doing so? – L.S.

A. No. The new regulations under the Uniformed Services Employment and Reemployment Rights Act (USERRA) require only that employers provide the same rights and benefits to employees who are absent because of their service in the military as other employees of similar seniority, status and pay who are on leave of absence. So as long as the employees on military leave are treated the same or better, your action is permitted.  

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