Bob Nobile and Alysa Barancik Published in HR Advisor

“USERRA—The Federal Military Leave Law: An Analysis of Recent Trends in Case Law”

Bob Nobile and Alysa Barancik’s article, “USERRA—The Federal Military Leave Law: An Analysis of Recent Trends in Case Law,” was published in the November/December issue of HR Advisor. In it, Bob and Alysa provide employers with an overview of the obligations of employers under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The authors note that, “With the deployment of record numbers of troops over the past few years, and the recent return of many of those troops to the workforce, employers are increasingly faced with issues relating to accommodating employees absent from work in connection with military service.” Furthermore, they note, employers must comply with “guaranteed reinstatement rights in most instances whether such service is voluntary or involuntary.” After informing his employer of his intention to enter military service, Bob and Alysa note that the “law allows individuals to serve five years in the military without losing reemployment rights, and does not require that employers pay employees for time spent on military leaves.”

The authors note that reinstatement requirements vary depending on the length of the leave for military service and the length of tenure with the employer prior to the employee’s leave for military service. Bob and Alysa remark that, “With respect to job protection after reinstatement, an employee whose military service before reemployment exceeded 180 days cannot be discharged without cause for one year after re-employment,” and that “USERRA negates at-will employment for certain individuals returning from military leave….” Bob and Alysa conclude that, “Courts are seeing more and more USERRA claims, and this trend will likely continues as troops continue to be deployed and return home.”