Military Employment: Resources for Employing Current Military



Employing Military Personnel and Recruiting Veterans—Attitudes and Practices


This poll examines pay and benefits that organizations provide to employees who have been mobilized to serve on active duty service either as a reservist or as a member of the National Guard and the challenges organizations face when an employee has been mobilized to serve on active duty. The benefits and challenges of hiring military veterans are examined, as are the areas that would assist organizations in recruiting and hiring veterans.


HR Q&As:

Leave Benefits: Military: Do I have to pay an employee on military leave? Can I require him or her to use paid time off/vacation time?


The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects from discrimination or retaliation an employee who gives proper notice of the need for a military related absence and provides job reinstatement rights for up to five years. There is no requirement under USERRA to pay the employee for the military related absence.

Leave Benefits: Military: Must an employer continue health care benefits for employees on military leave?


For the employee reporting for active duty, the employee’s health insurance must be continued for a period of 31 days after they leave, on the same basis as that of other active employees. After this 31-day period, you can offer the employee the opportunity to elect COBRA; however, the COBRA duration period is for 24 months rather than 18 months.

Leave Benefits: Military: How must benefits be reinstated for an employee returning from a long-term military leave?


For paid time off benefit accruals, if employees on other types of leave are permitted to accrue leave during periods of absence, then accruals of paid time off benefits must be permitted for absences due to military leave.


HEART Act Military Leave Guidance: Impact on 401(k) Accruals, Distributions


The Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act) requires employers to provide certain retirement and welfare benefits for returning military personnel and their beneficiaries. On Jan. 20, 2010, the Internal Revenue Service issued Notice 2010-15, which provides long-awaited guidance in the form of questions and answers on several HEART Act provisions, including survivor benefits, benefit accruals, differential pay and distributions.

HR Magazine: Supporting the Troops


Employers who offer military differential pay should also offer tips for dealing with the tax rules



FMLA: Eligibility: How do the FMLA military expansion provisions affect USERRA and military leaves?2/1/2009

They don’t.

Samples and Forms:

Military Leave of Absence--Brief

Employees who are inducted into the U.S. Armed Forces or who are reserve members of the U.S. Armed Forces or state militia groups will be granted leaves of absence for military service, training or other obligations in compliance with state and federal laws.

Military Leave of Absence--Long

XYZ is committed to protecting the job rights of employees absent on military leave. In accordance with federal and state law, it is the Company’s policy that no employee or prospective employee will be subjected to any form of discrimination on the basis of that person's membership in or obligation to perform service for any of the Uniformed Services of the United States

FMLA: Servicemember's Family Member Leave Request & Response





I am requesting the following type of Servicemember FMLA Leave

___ A covered family member’s active duty or call to active duty in the Armed Forces.

Research Article:

Managing Military Leave and Military Family Leave


Scope--This article provides an overview of legal requirements and practical issues associated with leave for military service ("military leave") and leave for military family members ("military family leave").



Leave Benefits: Military: If an employee voluntarily resigns to join the uniformed service, does USERRA still apply?


Yes, an employee who resigns employment to serve in the uniformed service may be entitled to reemployment rights and certain benefits under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Legal Report:

March-April 2006: The USERRA Regulations Deconstructed


The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the federal law that establishes various rights and benefits for employees and applicants for employment who have served the nation in military or other forms of protected governmental service. Employers have corresponding obligations under USERRA to provide leaves of absence and to re-employ employees who enter military service while employed.

News Articles:

Escalator Provision Remains Widely Misunderstood


Employers continue to misunderstand the escalator provision of the Uniformed Services Employment and Reemployment Rights Act (USERRA), according to Jim Thelen, an attorney with Miller Canfield in Lansing, Mich.

1st Circuit: USERRA Coverage May Be Triggered Prior to Formal Military Orders


The 1st U.S. Circuit Court of Appeals recently held that an employee’s announcement to his employer that he intended to return to active duty after remaining inactive for multiple years was sufficient to trigger protection under USERRA.

USERRA Poster Spells Out Employers' Health Care Obligations


A notice in poster format explaining the rights of employees under the Uniformed Services Employment and Reemployment Rights Act (USERRA) is now available for employers to downloadfrom the Department of Labor (DOL) web site.


USERRA Leave: Insurance Continuation Form Letter

Dear [Name of Employee]:

Pursuant to your request for military leave of absence commencing [date], this letter serves to advise you of how your insurance coverage will be continued during the period of military leave.


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