14.49 ELEMENTS OF CLAIM: FAILURE TO REINSTATE (Employee Needed to Care for Covered Servicemember with a Serious Injury or Illness)

• Category: Federal - Jury Instructions - 8th Circuit - Civil - Fiduciary Duty Breach
• State: Multi-State
• Control #: US-8THCIR-JURY-14-49
• Format: Word

Description

http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf 14.49 ELEMENTS OF CLAIM: FAILURE TO REINSTATE (Employee Needed to Care for Covered Service member with a Serious Injury or Illness) is an element of claim that applies to employers who have failed to reinstate an employee who was absent from work for an approved period of time due to the care of a covered service member with a serious injury or illness. The covered service member must be either the employee's spouse, parent, child, or next of kin. This element of claim is meant to protect the rights of employees who have had to take an extended leave of absence in order to provide care for a family member in the military who have sustained a serious injury or illness. There are two types of 14.49 ELEMENTS OF CLAIM: FAILURE TO REINSTATE (Employee Needed to Care for Covered Service member with a Serious Injury or Illness): 1. Employers who have refused to reinstate an employee who has requested reinstatement after an approved leave of absence in order to care for a covered service member with a serious injury or illness. 2. Employers who have reinstated an employee after an approved leave of absence in order to care for a covered service member with a serious injury or illness, but have done so in a manner that is less favorable than the employee's original terms of employment.

14.49 ELEMENTS OF CLAIM: FAILURE TO REINSTATE (Employee Needed to Care for Covered Service member with a Serious Injury or Illness) is an element of claim that applies to employers who have failed to reinstate an employee who was absent from work for an approved period of time due to the care of a covered service member with a serious injury or illness. The covered service member must be either the employee's spouse, parent, child, or next of kin. This element of claim is meant to protect the rights of employees who have had to take an extended leave of absence in order to provide care for a family member in the military who have sustained a serious injury or illness. There are two types of 14.49 ELEMENTS OF CLAIM: FAILURE TO REINSTATE (Employee Needed to Care for Covered Service member with a Serious Injury or Illness): 1. Employers who have refused to reinstate an employee who has requested reinstatement after an approved leave of absence in order to care for a covered service member with a serious injury or illness. 2. Employers who have reinstated an employee after an approved leave of absence in order to care for a covered service member with a serious injury or illness, but have done so in a manner that is less favorable than the employee's original terms of employment.