Employees in the Military

Military Leave Rights 

The Federal Uniformed Services Employment and Reemployment Rights Act (USERRA), Michigan Military Leave: Reemployment Protection Act, Public Act 133 of 1955 (MCL 32.271, et seq.), and the Public Employees Entering Armed Forces Act, Public Act 263 of 1951 (MCL 35.351, et seq.) protect the employment status of the men and women who serve in the armed services.  These laws prohibit an employer from denying any initial employment, reemployment, retention in employment, promotion, or any benefit of employment to an individual on the basis of their membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services.

Uniformed services include:

• Armed Forces
• Army National Guard and the Air National Guard
• Commissioned Corps of the Public Health Service
• Any other category of persons designated by the president in time of war or emergency

Employers are required to notify all persons entitled to the rights and benefits and obligations of such persons and such employers under USERRA. Employers may provide the notice, “Your Rights Under USERRA”, by posting it where employee notices are customarily placed. However, employers are free to provide the notice to employees in other ways that will minimize costs while ensuring that the full text of the notice is provided (e.g., by handing or mailing out the notice, or distributing the notice via electronic mail).

Federal Uniformed Services Employment and Reemployment Rights Act (USERRA) Poster (pdf)

Recent Laws Affecting Military Employees (UPDATED 11/1/09)

Effective October 28, 2009, President Obama signed into law the 2010 National Defense Authorization Act, which extends eligibility for short-notice deployment, military events and related matters, child care and school activities, rest and recuperation, post deployment activities, and additional activities agreed upon by the employer and the employee to close family members at any point within five years preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy. 

These amends call for immediate steps to achieve compliance including revising your FMLA policy to provide caregiver leave for family members of veterans.  For more information click [here].

H.R. 4986, effective January 28, 2008, amends the Family Medical Leave Act (FMLA) of 1993 by providing up to 26 weeks of job-protected leave in a 12-month period for a family member to care for an armed forces member who is injured in the line of duty.  As part of that total 26 weeks, the amendments also permit an FMLA-eligible employee to take up to 12 weeks of job-protected leave to deal with issues that arise because of a spouse, son, daughter or parent's active duty or impending active duty in a military conflict.  All employers--including townships--required to comply with FMLA are required to post a notice of military family leave rights.  The new poster is available by clicking [here].

Public Act 106 of 2008, effective April 25, 2008, adds new protections for employees who have left the job for service in the military.  The new provisions require employees to give advance notice of their impending service, and employers to reemploy employees following service if they reported to work, or applied for work, within 45 days after service, or within 90 days after service if the period of service was over 180 days.  Until now, state law allowed only a 15-day window for applying to work after service.

The Heroes Earnings Assistance and Relief Tax Act (HEART), effective June 17, 2008, provides tax relief to veterans and soldiers, and has several implications for employee health and retirement benefit plans, Flexible Spending Accounts (FSAs), and differential pay programs.

Differential Pay Programs