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
• Format: Word

Description

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.

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.