This Veterans’ Day, take a moment to thank our service members and veterans. Then, take a moment to make sure you are complying with employment laws that apply to service members and their families. Here is a list of relevant laws and employer coverage:
- USERRA (all employers)
- FMLA Military Family Leave (employers with 50+ employees)
- Oregon Military Family Leave Act (employers with 25+ employees)
- Oregon Unlawful Discrimination for Service in Uniformed Service (employers with 6+ employees)
- Oregon leave for members of organized militia (employers with 6+ employees)
- Oregon veterans’ Day leave for veterans (all employers)
- Veterans’ preference in hiring and promotion (Oregon public employers)
Here are a few other fun facts to know:
- Employers cannot require employees on leave pursuant to USERRA to use paid time off/vacation benefits while on leave, although employees may elect to use such benefits.
- Qualifying Exigencies include: short notice deployment; attendance at official ceremonies, programs or events; leave to attend to legal/financial arrangements; leave for childcare or school activities; counseling; post-deployment activities.
- To be eligible for Oregon Military Family Leave an employee need only work an average of 20 hours per week vs. OFLA non-parental leave which requires an employee to work an average of 25 hours per week during the 180 days prior to leave.
- Oregon’s new Workplace Fairness Act extends the statute of limitations to bring claims for discrimination on the basis of an employee’s status as a veteran/service member from one year to five years.
If you have questions about any of these laws, or need to update your policies, let us know.