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,…

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…

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:…

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…