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EMPLOYER
USERRA OBLIGATIONS
As
a result of tragic events of September 11, 2001, many reservists have been
called to active duty in the armed services. Under the Uniformed Services
Employment and Reemployment Rights Act of 1994 ("USERRA"), employers
have certain obligations to employees who are absent due to military leave.
Some of the basic rules under USERRA are as follows:
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Employers
may not take any negative employment action against an employee because of
his or her absences due to military service. In addition, in
Wisconsin, employers are prohibited from refusing to hire an individual
because that person is a member of the military reserves.
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An
employer may not require that a reservist's vacation be applied to his or
her period of military leave. A reservist may, however, request that his
or her vacation be applied during his or her period of military leave.
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An
employer is not required to provide compensation to the reservist during
his or her military leave. It is not uncommon though for an employer to,
for a short period of time, to pay an employee during his or her military
leave an amount that is equal to the difference between the employee’s
normal pay and the military pay that he or she receives.
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An
employee returning from military leave is entitled to reemployment in the
position he or she would have been in had no military leave been taken,
subject to a few exceptions.
The
USERRA provisions are highly technical and often raise questions for
employers. Employers should carefully review the statute before making any
employment decisions relating to reservists and, if needed, seek legal advice
regarding the application of specific provisions.
For
www.HRSteam.com by
Heather M. Tiltmann
Whyte
Hirschboeck Dudek, SC
All
Rights Reserved. 2001.
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