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  • USERRA and the FMLA Two Different Laws, Enacted at Different . . .
    Upon return from FMLA leave, most employees must be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other employment terms and conditions
  • USERRA Comparability Analysis For Paid Military Leave
    Under USERRA, employers must provide employees who take military leave with the same rights and benefits as their colleagues who take comparable non-military leaves Where the benefits of
  • Understanding USERRA and FMLA Protections Related to Military . . .
    When faced with a leave of absence request related to the military, oftentimes employers think of the military leave provisions under the Federal Family Medical Leave Act (FMLA), but overlook the Uniformed Services Employment and Reemployment Rights Act (USERRA)
  • Coordinating FMLA with USERRA - HR Daily Advisor
    USERRA requires employers to grant up to 5 years of unpaid leave to employees for active military duty By contrast, the FMLA entitles employees to 12 weeks of leave for a qualifying exigency and up to 26 weeks of military caregiver leave
  • Family and Medical Leave Act FMLA Overlap with USERRA | J. J . . .
    Eligible employees may also take up to 26 weeks of FMLA leave to care for a covered servicemember with a serious injury or illness if the employee is a family member of the servicemember The two laws do have some overlapping provisions
  • FMLA Special Rules for Returning Military Members (USERRA)
    The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that a person reemployed under its provisions be given credit for any months and hours of service he or she would have been employed but for the USERRA-covered service in determining eligibility for Family and Medical Leave Act (FMLA) leave
  • To Pay or Not to Pay Military Leave? Ninth Circuit Leaves . . .
    Generally, you only have to pay for military leave if you pay employees on “comparable” leaves So what is a comparable leave? In Clarkson v Alaska Airlines, Inc , the Ninth Circuit recently held the comparability analysis under the Uniformed Services Employment and Reemployment Rights Act (USERRA), in some instances, should compare only





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