Discrimination based on military service
Under the federal Uniformed Services Employment and
Reemployment Rights Act of 1994 (“USERRA”), Title 38 of the United
States Code Sections 4301 et seq., employers are required to grant employees
leaves for periods of military service, generally for a total of up to five
years. Title 38 of the United State Code Section 4312(a)(2). California
military leave laws (California Military & Veterans Code Sections 389 et
seq.), like the USERRA, ensure that employees are not adversely affected in
their employment because of military service.
The National Defense Authorization Act for 2008 (NDAA)
amends the Family and Medical Leave Act of 1993 (FMLA) to permit a
“spouse, son, daughter, parent, or next of kin” to take up to 26
workweeks of leave to care for a “member of the Armed Forces, including a
member of the National Guard or Reserves, who is undergoing medical treatment,
recuperation, or therapy, is otherwise in outpatient status, or is otherwise on
the temporary disability retired list, for a serious injury or
illness.”
For a free consultation about workplace
discrimination with an experienced employee rights attorney, contact David
Spivak:
- Email
Help@FightDiscrimination.net
- Call toll free (877) 876-5744
- Visit The Spivak Law Firm, 16530 Ventura Boulevard Suite 312 Encino, CA 91436
- Fax (310) 499-4739
The Spivak Law Firm is a full service employee rights
law firm. David Spivak and his team are proud to represent aggrieved employees
like you in the following matters:
For further information on your rights in the work
place, please visit our other websites:
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