Wednesday, May 2, 2012

Hiring Veterans: HR Considerations

A recent article by Celeste Blackburn on serves as an excellent reminder of the federal laws that may come into play when hiring or re-instating veterans and reservists. Blackburn reminds us of the most significant ones, Uniformed Services Employment and Reemployment Rights Act (USERRA), which includes rules about veterans’ compensation and benefits, and the Family and Medical Leave Act (FMLA), which covers employees who haven’t served in the military if a family member has served.

  • USERRA: USERRA covers all employees who perform duty in a uniformed service on a voluntary or involuntary basis, including active duty, active duty training, inactive duty training, full-time National Guard duty, and absence from employment for an examination to determine fitness for duty. USERRA generally permits a person to accumulate a total absence of 5 years from their job for voluntary or involuntary military service. You must promptly reemploy a service member returning from military duty if they meet certain criteria.
  • FMLA for Military and Military Families: The FMLA applies to employers with at least 50 employees during 20 or more calendar workweeks in the current or preceding calendar year. The National Defense Authorization Act for Fiscal Year 2008 (NDAA) amended the FMLA to include leave that specifically address the needs of employees whose family members are part of the U.S. armed forces. Types of leave include Qualifying Exigency Leave and Military Caregiver Leave.

In addition to the federal laws listed above, Blackburn also spells out the two new tax credits, Returning Heroes Tax Credit and Wounded Warrior Tax Credit, available to employers who hire eligible veterans.

For more information, Blackburn suggests you visit:

Click here to read the full article.

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