Many U.S. employers will face tricky questions in the near future about military leave. U.S. forces will be withdrawing from Iraq completely by the end of 2011, while being deployed in greater numbers to Afghanistan and other hot spots. Because many of these troops actually belong to Reserve or National Guard units, they’ll be returning to (or leaving behind) their civilian jobs in the process.
The result? Lots of confusion about their rights under federal and state military leave laws. You need to consider not only the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the new service member guidelines tacked onto the Family and Medical Leave Act (FMLA) last year, but also the growing number of state military leave statutes.
You’re required to comply with wideranging requirements that cover everything from protecting workers’ benefits and seniority levels while they’re gone to reemploying them when they return home.
If you make a mistake, you could be facing not only expensive financial claims and penalties, but also embarrassing publicity – imagine how you’d feel if your company was publicly accused of mistreating a returning servicemember.
Order this important 90-minute webinar recording, where you’ll learn:
- Which employers must comply with USERRA, the new FMLA servicemember rules, and the state leave laws - and what types of employees are covered by them
- How you should notify your employees about their military leave entitlements - and how you must revise your current leave policies and procedures
- How long these leaves last - and whether they may be taken intermittently or concurrently
- The reemployment rights of returning service members, including the conditions they must meet and the pay levels and positions you must offer them
- What steps you must take to avoid discrimination and adverse employment action claims that may be filed by returning servicemembers
- How you should handle employee benefits (e.g., healthcare plans, pensions, seniority credits) while workers are away on active duty
- Which relatives qualify for leave under the expanded FMLA rules to deal with “qualifying exigencies” or to care for injured servicemembers who have returned home
- What you may lawfully request to document these leave requests, from confirmations of active military duty to medical certifications
- How workers can file complaints on military leave issues, who hears and investigates the complaints, and the possible penalties you could face (including double damages for certain willful violations)
This audio conference was recorded on Thursday, September 3, 2009
About Your Speaker:
Kristine E. Kwong, Esq., is a partner in the Los Angeles office of the national law firm Hinshaw & Culbertson, LLP. She advises and counsels clients on a wide range of business and employment issues, including wage and hour matters, non-compete and restrictive covenant agreements, executive compensation packages, the full range of disciplinary matters, discrimination, harassment and leaves of absences, including the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), Pregnancy Disability Leave (PDL), the Americans With Disabilities Act of 1990 (ADA), and the California Fair Employment and Housing Act (FEHA). In addition, her practice includes the drafting and updating of handbooks, policy manuals, codes of conduct and severance packages, and she regularly produces and presents training programs for employers on current issues of employment law. Kwong earned her law degree from the University of the Pacific (McGeorge School of Law).
Approved for Recertification Credit
This program has been approved for 1.5 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org.
