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  • 14.48 ELEMENTS OF CLAIM: FAILURE TO REINSTATE (Qualifying Exigency...

14.48 ELEMENTS OF CLAIM: FAILURE TO REINSTATE (Qualifying Exigency Leave Related to Covered Military Member)

Category:
Federal - Jury Instructions - 8th Circuit - Civil - Fiduciary Duty Breach
State:
Multi-State
Control #:
US-8THCIR-JURY-14-48
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Word
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http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf

14.48 ELEMENTS OF CLAIM: FAILURE TO REINSTATE (Qualifying Exigency Leave Related to Covered Military Member) is an element of claim that is applicable when an employer fails to reinstate an employee who has taken qualifying exigency leave related to a covered military member. Qualifying exigency leave may be taken when a covered military member is on active duty or has been notified of an impending call or order to active duty. This element of claim is based upon the Uniformed Services Employment and Reemployment Rights Act (SERRA) which requires employers to reinstate an employee who has taken qualifying exigency leave related to a covered military member. Types of 14.48 ELEMENTS OF CLAIM: FAILURE TO REINSTATE (Qualifying Exigency Leave Related to Covered Military Member) include: • Failure to reinstate the employee to the same job the employee held prior to taking leave. • Failure to reinstate the employee to a job of like seniority, status, and pay. • Failure to make all contributions to benefit plans as if the employee had not taken leave. • Failure to provide the employee with all other rights and benefits of employment as if the employee had not taken leave.

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FAQ

Qualifying exigency leave, like leave for a serious health condition, is a FMLA-qualifying reason for which an eligible employee may use his or her entitlement for up to 12 workweeks of FMLA leave each year.

Qualifying exigencies arise when the spouse, son, daughter, or parent of an employee is on covered active duty in the Armed Forces, or has been notified of an impending call or order to covered active duty.

Military member's active duty or call to active duty status as qualifying exigency leave. Such events may include leave to spend time with a covered military member either prior to or post deployment, or to attend to household emergencies that would normally have been handled by the covered military member.

QUALIFYING EXIGENCY LEAVE ENTITLEMENTS Qualifying exigencies may arise when the employee's spouse, son, daughter, or parent who is a member of the Armed Forces (including the National Guard and Reserves) and who is on covered active duty or has been notified of an impending call or order to covered active duty.

Qualifying exigencies arise when the spouse, son, daughter, or parent of an employee is on covered active duty in the Armed Forces, or has been notified of an impending call or order to covered active duty.

Qualifying exigency leave, like leave for a serious health condition, is a FMLA-qualifying reason for which an eligible employee may use his or her entitlement for up to 12 workweeks of FMLA leave each year.

For qualifying exigency leave, son or daughter means your biological, adopted, or foster child, a stepchild, a legal ward, or a child for whom you stood in loco parentis, and who is of any age.

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More info

14. 14.48 ELEMENTS OF CLAIM: ENTITLEMENT—FAILURE TO REINSTATE (Qualifying Exigency Leave Related to Covered Military Member).Complete an investigation packet once you are eligible to reapply. Courts can order the BMV to suspend an individual's driving privileges. Required pre-employment screening(s) are dependent upon the position. Reinstatement Fee(s).

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