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A recent 7^th Circuit Court of Appeals ruling limits USERRA scheduling provisions for National Guard Members nationwide.

Under the USERRA or Uniformed Services Employment and Reemployment Rights Act, employers must allow members of the military to take time off for National Guard duty and training. Other provisions of the USERRA apply to employees or former employees on active military duty.

The law also requires that employers prominently display a USERRA poster, even when they have no employees who are covered under the law.

The lawsuit involved the city of Mount Vernon, Illinois. Several city police officers were also National Guard members. In the past, the city allowed the officers to use their vacation, sick or personal leave for National Guard training. This allowed the police officers to collect their full city salary, plus military pay, for the days they were away with the National Guard.

In addition, in the past Mt. Vernon allowed National Guard members to rearrange their work schedules when they conflicted with military obligations. By “bumping” other employees, a National Guard member could arrange his or her days off so that on National Guard weekends, the employee received full pay from both the city and the military, (more…)