The FMLA provides two forms of leave. (1) Exigency leave is available to service members of any branch of the Armed Services deployed to a foreign country. (2) Family caregiver leave applies to family members of veterans for up to five years after the veteran leaves service. Family leave to care for a covered service member is available up to five years after the veteran leaves the service if the veteran develops an injury or illness that was incurred or aggravated while on active duty. The five year window for veterans is intended to help veterans who suffer from post-traumatic stress disorder and other conditions that are not necessarily evident at the time the service member leaves active duty. USERRA provides that employees serving in the uniformed services can elect to continue their group health coverage under an employer-sponsored group health plan for a period of up to 18 months. The Act increases that maximum period of group health plan coverage available for employees covered by USERRA from 18 months to 24 months, and applies to continuation coverage elections made on or after December 10, 2004. Employers dealing with service member employment and benefit protections can get more information from the U.S. Department of Labor, Veterans' Employment & Training Services at eLaws USERRA Advisor and Notice Requirement is covered at Compliance Assistance. Employment Protection for Attendance at Military Events Employers cannot fire or take adverse employment action against any employee, or keep them from attending certain events relating to military service of the employee’s spouse, parent or child to which the employee is invited. This could include departure or return ceremonies, family training or reintegration programs. The employee must provide reasonable notice to the employer when requesting time off, and the employer must provide a reasonable amount of nonpaid time off for the employee, not to exceed two consecutive days or six days in a calendar year. The employer must not compel the employee to use accumulated but unused vacation for these events. Other Minnesota Military Leave Protections In addition, three other Minnesota Statutes provide employees with job-protected time away from their jobs for military-related activities. They include Minn. Stats. §§ 181.947, 181.948, and 192.325. The protection of these three statutes overlap in some respects and, in summary, provide as follows: 1) Employers must allow employees up to two consecutive days and up to six total days per calendar year of unpaid leave to attend departure or return ceremonies upon deployment to or return from military service, family training or readiness events sponsored or conducted by the military, and other events held as part of the official reintegration programs for an employee’s spouse, parent or child; 2) Employers must allow employees to take one day of unpaid leave per calendar year to attend the military send-off or homecoming ceremony for a grandparent, legal guardian, sibling, grandchild, fiancé; and
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