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Officer’s Conviction Of Assault While On Military Leave Results In Loss Of His Gun And Job

Franklin Hernandez was both a police officer with the City of Perth Amboy, New Jersey Police Department and a member of the New Jersey Army National Guard. In May 2014, Hernandez received orders mobilizing him to active duty and he was deployed to Qatar. Although fraternization between non-commissioned officers and junior enlisted soldiers was prohibited, in September 2014, Hernandez, a sergeant, began a romantic relationship with a specialist. Despite…

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Officer Allowed Trial On Military Leave Discrimination Claim

Nicholas W. Emmerling began his career in 2008 with the Mountain View Police Department in California as a reserve police officer. Emmerling enlisted in the California Army National Guard in January 2009, and he was deployed to Iraq in August 2009. The Department granted him leave for one year until August 2010, after which he returned to his position as a reserve officer. In early 2012, Emmerling applied for…

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City’s Military Leave Policy Violates Federal Law

Kenny Benetiz was hired as a police officer by the City of Montebello, California in May 2007. In 2008, Benetiz was notified by the Marine Corps that he was being activated for military service. Benetiz began his military service in January 2009, and was deployed to the war zone in Iraq. Under the City’s policies, Benetiz did not continue to accrue annual leave while on his military leave of…

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FMLA Update: FMLA Qualified Exigency Military Leave Has Limits

By Christopher W. Olmsted Question: One of our employees has a son who is an army recruit and he is about to complete basic training. There will be a ceremony which the employee would like to attend, but she would need to take two days off for work. Would this leave be protected under the FMLA? Answer: Although the FMLA allows employees to take leave for a “qualifying exigency”…

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Probationary Employees And USERRA

A recent California case examined the relationship between probationary status, seniority, and the Uniformed Services Employment and Reemployment Rights Act (USERRA). The case involved Johnnie Paxton and Brandon Contreras, who were probationary police officers with the City of Montebello, California, when they were activated for military service. The City reinstated them to their probationary status and credited them with having completed eight months of probation. The officers successfully completed…

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Congress Expands Family Military Leave

On October 28, 2009, President Barack Obama signed the National Defense Authorization Act (NDAA) for the 2010 Fiscal Year, which includes provisions that expand the military leave entitlements of the Family and Medical Leave Act (FMLA). The NDAA amends both the “qualifying exigency” leave and military caregiver leave that became effective in January 2008. Q: What specifically in the FMLA does this affect? A: The new amendments affect FMLA…

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New FMLA Regulations Leave Employers Scrambling To Comply

After years of waiting, the U.S. Labor Department (DOL) has just published new regulations interpreting the Family and Medical Leave Act (FMLA). These are the first significant changes since 1994, and will impact every employer subject to the law. The 762 pages of regulations not only address two new forms of military leave created earlier this year, but also make minor tweaks, major adjustments and wholesale changes to sections…

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