Vol. 76, No. 7, July
Protecting Legal Rights of Activated Guards and Reservists
As more of Wisconsin's National Guard and reserves members are
activated, it is important that lawyers be familiar with the provisions
of two federal statutes that protect the legal rights of their military
service clients ... the Soldiers' and Sailors' Civil Relief Act and the
Uniform Services Employment and Reemployment Rights Act.
by Stephen J. McManus
A longtime client rushes into your office on a Friday afternoon and
tells you that the President has activated his National Guard unit - he
will be leaving soon for some undisclosed location in support of
military operations in the Persian Gulf. He confides that he can no
longer afford his monthly bills (including a leased car and three credit
card bills) because his pay will be cut in half, and he wonders what to
do about his pending divorce. To make matters worse, his employer is
threatening to fire him, and he just signed a yearlong lease. How can
you help him?
Most attorneys in Wisconsin rarely encounter these issues because our
state's military community is composed primarily of National Guard and
reserve units, such as the General Mitchell Air Reserve Station, Volk
Field, and Fort McCoy, rather than active duty members. However, with
military operations currently ongoing in the Balkans, the Persian Gulf,
and Afghanistan, many of Wisconsin's National Guard and reserves members
have been activated; nationally, more than 220,000 reservists and guards
have been activated into full-time federal status.1 With this dramatic increase in active military
members, it is important to revisit two federal statutes that affect
military members and their legal rights.
Soldiers' and Sailors' Civil Relief Act
The Soldiers' and Sailors' Civil Relief Act of 19402 (SSCRA) contains a variety of provisions to
protect active duty military members serving in a federal capacity under
Title 10 of the United States Code. The military members would include
newly enlisted recruits for active duty units or reservists and guards
who are activated into federal status. The SSCRA can assist dependents
of military members in a Title 10 status, when the dependent's ability
to uphold the terms of a contract, lease, obligation, or bailment has
been impaired by the member's military service,3 or others who are secondarily liable for a
member's obligations, such as a guarantor.4
With the rights and protections afforded these military members and
dependents, the reality is that the SSCRA can affect just about anyone,
especially since the SSCRA should be read "with an eye friendly to those
who dropped their affairs to answer their country's call."5 It is the member's or dependent's responsibility
to invoke the SSCRA's protections, and failure to do so does not permit
a later cause of action to retrieve the lost remedy.6 Below are the important protections the SSCRA has
granted active duty military members.
Interest rate reduction. One of the SSCRA's main
provisions allows active duty military members to reduce their interest
rate to no more than 6 percent, but only for debts that existed before
entry into active duty.7 Guard and reservist
members normally are not on active duty, so if a member is activated for
a federal service, such as Operation Iraqi Freedom, that activation is a
triggering event that allows the member to take advantage of this
provision. The types of interest rates that may be reduced include, but
are not limited to, mortgages, credit card debts, and automobile loans.
The SSCRA does not, however, apply to federally insured student
loans.8 The creditor is not allowed to
charge the military member any fee for reducing the interest rate. For
example, a mortgage company cannot require the debtor to "refinance" in
order to obtain the lower interest rate. To invoke this right, the
member's "ability to pay" the debt must be affected by his or her entry
into active duty, but it is the creditor who has the burden to prove the
member's ability to pay is not affected.
Future financial arrangement. A similar provision
protects members in future financial arrangements despite invoking the
SSCRA provisions in the past.9 Specifically,
the SSCRA forbids reporting to a credit bureau a member who has invoked
an SSCRA right and then using the invocation of right to deny credit.
There is, however, a caveat: The "safe harbor" does not prevent an
institution from reporting a member's failure to comply with an
Stay of court proceedings. Another main provision is
the ability to stay civil court10 and
bankruptcy11 proceedings. This provision
does not apply to administrative proceedings.12 When the member requests the stay, it does not
matter whether the military member is the plaintiff or the defendant,
and the court may grant a stay of up to the period of service plus 60
days.13 It should be noted that just
because a party is a military member does not guarantee the court will
stay the proceeding. Section 521 of the U.S.C. states that the court
proceeding "shall ... be stayed ... unless ... the ability of
[the military member] is not materially affected by reason of his
military service." (Emphasis added.) The courts have not, however,
always followed the "shall." In determining whether to grant the stay,
the court may look at the military member's availability, actual
prejudice to the member,14 reasonableness
of the request,15 alternatives to a
stay,16 or bad faith by the member.17 In Artis-Wergin v. Artis-Wergin,18 the Wisconsin Court of Appeals held that a
military member was not entitled to a second stay in a divorce
proceeding when the first stay had expired, the member had ample notice
of the subsequent court date, and the member failed to request another
Default judgments. Similar to the stay of court
proceedings, the SSCRA allows a military member to reopen a default
judgment entered against him or her while on active duty.20 Before a default judgment may be entered, the
plaintiff should be required to complete an affidavit of nonmilitary
service for the defendant. Under the SSCRA, failure to comply with this
requirement makes the default judgment voidable. In order to reopen the
default judgment, the member could not have made an appearance, the
judgment must be entered while the member is on active duty or within 30
days after termination of service, the member must apply to the court
within 90 days of leaving military service, military service must have
prejudiced the ability to defend, and the military member must have a
Storage liens. Anyone with a storage lien may not
exercise the right of foreclosure or enforce any lien during the
member's period of military service plus three months, except by court
order.22 Remember, however, that the member
can request a stay in proceedings or void a default judgment as noted
Tolling of the statute of limitation. The SSCRA also
tolls the statute of limitation during the member's period of military
service for both civil and administrative proceedings; it does not
matter whether the member is the plaintiff or the defendant.23 The U.S. Supreme Court has said that the tolling
applies regardless of whether the military member was inducted or had
volunteered and also that there is no requirement to show material
Mortgages and deeds of trust. When the ability of a
member to pay under a mortgage or deed of trust is affected by military
service, the court shall either stay or "make other such disposition of
the case as may be equitable to conserve the interests of all
parties."25 No sale, foreclosure, or
seizure of property shall be valid if made during the period of military
service or within three months thereafter unless upon an order
previously granted by the court and a second petition to the court that
is approved. This provision only applies to real estate owned prior to
the active military service and still used by the military member.
Anyone who takes action contrary to this provision is subject to
Eviction protection. In an eviction action, any
active duty member whose monthly rent does not exceed $1,200 per month
is entitled to a three-month stay unless the court finds no material
effect of the eviction.27 There are also
criminal penalties for the creditor who violates this provision.
Leases. The SSCRA also allows an activated member to
get out of any lease that may have been signed before entering into
active duty. The member must give written notice to the landlord that
the member is terminating the lease. The landlord can charge rent for 30
days after the next rent due date following the date the member gives
written notice. For example, if the member gives notice on Feb. 15 and
the next rent is due on March 1, then the landlord can charge the member
rent until March 31. The key is to deliver written notice to the
landlord as soon as possible. Any lease entered into after becoming an
active duty military member is not voidable unless the lease provides
Medical insurance. A member activated for more than
30 days will be provided family medical insurance through the military
medical facilities or the military's insurance program. The SSCRA allows
the military member to suspend any civilian insurance coverage and
requires the civilian insurance company to reinstate coverage when the
member leaves active duty.28 Furthermore,
the civilian insurance company cannot refuse to cover most "preexisting
Professional liability insurance. A similar
provision protects professional liability policy holders.29 This may include such professionals as doctors,
lawyers, veterinarians, and nurses.
Installment contracts and auto leases. No creditor
can rescind or terminate an installment contract for either real or
personal property or repossess the property for nonpayment of any
installment due under the contract except by court order. This provision
prohibits self-help repossession of any item purchased on an installment
Federal taxes. Under the SSCRA, reserve and guard
personnel might qualify for a deferral of taxes owed if the member can
show his or her ability to pay taxes has been impaired because of
military service. The deferral applies to taxes that fall due before or
during military service and extends the payment deadline six months (180
days) after the military service ends. The deferral is not automatic; a
member must apply for it. When applying, the member must prove both an
inability to pay the tax and that this inability resulted from military
service. The taxpayer must also have received a notice of tax due, or be
in an installment agreement with the IRS, before applying for the
deferral. The deferral is limited to the initial period of service and
does not extend into any reenlistment periods. For officers who qualify,
the deferral is limited to two years.31
Although not under the SSCRA, military members serving in a
designated combat zone may have a part or all of their income excluded
from taxation. In Executive Order No. 12744,32 the Arabian Peninsula was designated a combat
zone. The Arabian Peninsula includes the Persian Gulf, the Red Sea, the
Gulf of Oman, and the countries of Iraq, Kuwait, Saudi Arabia, Oman,
Bahrain, Qatar, and United Arab Emirates. For commissioned officers, the
exclusion is capped. Military members also may receive hostile fire and
imminent danger pay, both of which are nontaxable income.33
State of residency. The SSCRA allows a service
member to maintain his or her state of legal residency or domiciliary;
this state may tax the member's military income.34 Specifically, under the SSCRA, a military member
cannot acquire or lose residency solely by residing in a given state
pursuant to military order, and the military income is deemed to be
earned in the state of domicile. For example, a reserve member of
General Mitchell Air Reserve Station, Wisconsin, may live in Chicago and
claim Illinois as his or her state of residency. The member may then be
activated and be assigned full-time duties at either General Mitchell or
some undisclosed foreign country with General Mitchell remaining the
home station. Under the SSCRA's protection, the member remains an
Illinois resident, and any income earned is taxed by Illinois, not
Wisconsin. The importance of this provision is that Illinois does not
tax military members' income if that income is earned outside of
Illinois, but Wisconsin does.
Catch-all provision. A member may, at any time
during military service or within six months thereafter, apply to a
court for relief from any obligation or liability, including any tax or
assessment, the member incurred prior to active service. The court may
then grant stays of enforcement during which no fine or penalty shall
accrue, if military service affected the member's ability to comply with
the obligation or pay the tax or assessment.35
Uniformed Services Employment and Reemployment Rights Act
The second federal law that is important to revisit is the Uniformed
Services Employment and Reemployment Rights Act of 199436 (USERRA). The USERRA protects the civilian jobs
of reservists and guards who take leave from their civilian jobs for
military duty. In analyzing this statute, it is important to identify
how the statute becomes applicable, the employee's rights while on
USERRA leave, the employee's reinstatement rights, and how the reservist
enforces these rights.
Applying USERRA Protections
Affected employers. The USERRA applies to all
employers, regardless of size, including government entities, such as
public schools, the Veterans Administration, and the post office.37
Affected employees. The USERRA protects all
employees who are members of a "uniformed service." The "uniformed
services" are the Army, Navy, Air Force, Marine Corps, Coast Guard, and
their reserves; the Army and Air National Guards, including persons in
training periods; the Public Health Service commissioned corps; and
other categories designated by the President in times of
emergency.38 This protection is regardless
of length of service or part-time status (with the exception of
employees who have worked for brief, nonrecurrent periods that cannot
reasonably be expected to continue indefinitely or for a significant
period. An example of the brief, nonrecurrent work may be a food server
who is hired by a caterer for a one-time event.) The USERRA does not,
however, apply to a temporary position,39
but the Seventh Circuit has held that seasonal jobs may not necessarily
be temporary.40 The USERRA also does not
include dependents within the class of protected employees.
Protections. The USERRA provides:
1) enhanced leave rights (up to five years) and job protection
(reinstatement with seniority) for employees absent for military duty;
2) prohibitions against discrimination in employment and retaliation
against any person who was, is, or applies to be, a member of a
"uniformed service," or who performs or has an obligation to perform
"service in a uniformed service."41
Service defined. Service includes voluntary and
involuntary active duty, active duty for training, initial active duty
for training, inactive duty training, and full-time National Guard duty
(for example, when recalled for state disaster, riots, and so on). It
also includes any absence needed for an examination to determine whether
a person is fit to perform military duty.42
Notice to employer. An employee, or the appropriate
officer of the military branch in which the employee will be serving,
must give the employer advance written or oral notice of the need for
USERRA leave.43 The USERRA does not specify
how much notice must be given. However, advance notice is not required
if military necessity prevents the giving of such notice or it would be
unreasonable or impossible to give.44
Length of military leave. The USERRA's reemployment
rights apply only to members whose cumulative period of uniformed
service does not exceed five years while employed by the same
employer.45 There are several types of
services that are not counted as part of the five-year total. Some of
the exemptions are identified below, but for purposes of the current
military operations, any reservist activated for Operation Enduring
Freedom or Operation Iraqi Freedom is most likely exempted from the
five-year cumulative total because the military service is for a war or
national emergency. Some of the other exemptions are for 1) time spent
in National Guard and reserve training, as certified by the Secretary of
Defense (such as the two-week annual tour and monthly weekend drills);
2) the member's inability to obtain release orders before expiration of
the five-year period through no fault of his or her own; and 3) an order
to active duty, as determined by the Secretary of Defense, in support of
certain operational or critical missions (unless the extension is for
Rights While on USERRA Leave
Salary continuation. The employer is not required to
pay an employee who is on USERRA leave, as the Act only requires unpaid
leave. An employee may take vacation, personal days, or other paid leave
(collectively referred to as "vacation days"), and thus be paid for a
part of his or her military leave, but an employer may not require the
employee to use any vacation days. Some employers have opted to make up
the difference between a member's military and civilian pay, but there
is no requirement for the employer to do this.
Health insurance. The USERRA requires the employer
to allow any employee on a USERRA leave to elect to pay for continuation
of group health coverage for the member or the member's dependents under
any health care plan provided in connection with the member's
employment. This coverage ends after 18 months or, if earlier, on the
date the reservist fails to return or apply for return to employment as
required. The employee electing this coverage may be required to pay up
to 102 percent of the full cost associated with coverage for other
employees (similar to the COBRA requirement). If the period of military
service is less than 31 days, the employer must continue health
insurance as if the employee was actively employed and can require the
employee to pay only the employee's regular share of the cost. If the
coverage is terminated while the employee is on USERRA leave (either
because the employee elects not to continue the coverage, because the
period of service exceeds 18 months, or for any other reason), the
employee and dependents may not be subjected to waiting periods or
preexisting condition exclusions upon reinstatement.46
Pension benefits. The USERRA requires the employer
to treat the period of USERRA leave as "service" with the employer for
purposes of vesting and the accrual of benefits. Further, the period of
USERRA leave may not be treated as a "break in service" under a pension
plan. On reemployment of the reservist, the employer must make any
employer contributions to the pension plan that would have been required
on behalf of the returning employee had the employee continued working
for the employer during the period of USERRA leave.47 Similarly, the returning reservist must be
allowed to make up any employee contributions or elective deferrals the
member would have been eligible to make during the period of USERRA
Vacations and other seniority-based benefits.
Employees returning from USERRA leave are entitled to any
seniority-based benefits that they had when their USERRA leave began,
and also those benefits that would have accrued had they remained
continuously employed. Thus, if an employer's vacation policy is based
on seniority, in calculating how many weeks of vacation the returning
reservist receives, the employer must count the years of USERRA leave as
years of actual work. However, the employer does not have to allow the
returning employee to accrue vacation while on USERRA leave, unless the
employer allows other employees on other types of leave to do so. In
addition, with respect to benefits not determined by seniority, the
employer must treat employees on USERRA leave the same as other
employees on a leave of absence. Likewise, if an employee would have
been entitled to a promotion or increase in pay during the USERRA leave,
or to test for a promotion, the employee would be entitled to these
benefits upon return to work for the employer.49
USERRA Reinstatement Rights
Notice requirement. Upon completion of the military
service, the returning service member must notify the employer that he
or she intends to return to employment.50
The deadline by which the member must contact the employer depends on
the amount of time spent in military service, as follows:51
1) Service of 30 or fewer days. The returning member must
report to the employer on the first full regularly scheduled work period
on the first full calendar day following completion of the service, plus
eight hours after a period allowing for safe transportation back from
the place of the reservist's service. For example, if a reservist works
Monday through Friday at a bank, completes a weekend reserve drill at 4
p.m. on Sunday, and then takes four hours to drive home, the reservist
would not be required to return to work at the bank until Tuesday
morning, because that is the "first full calendar day" when calculating
the driving and rest time. If, however, the reservist is done by 3 p.m.
and lives only 30 minutes from the military installation, the reservist
would need to return to work on Monday morning.
If it is impossible or unreasonable for the member to report within
that period through no fault of his or her own, the member must report
as soon as possible. This reporting period also applies to an employee
who is absent from work for an examination to determine fitness for
2) Service of 31 to 180 days. The member must apply for
reemployment within 14 days after military service ends or, if it is
impossible or unreasonable to report within that period through no fault
of the member, on the next calendar day on which it is possible.
3) Service of more than 180 days. The returning member must
apply for reemployment within 90 days of the end of military
4) Service-incurred or aggravated injury. If the returning
member is hospitalized for, or convalescing from, an illness or injury
that was incurred in or aggravated by the military service, the above
reporting deadlines may be extended for up to two years while the member
is recovering. Under certain circumstances, this two-year deadline may
Reemployment obligations. The USERRA requires that
any returning member who receives a certificate showing satisfactory
completion of military service must be restored to the member's previous
employment.54 The type of position to which
the member must be reinstated depends on the period of military service
and on the member's abilities at the time of reinstatement. The
following time frames apply:
1) Service of 90 or fewer days. The member must be "promptly
reemployed" in the position the member would have held if the member had
continued in employment without interruption for military service, if
the member is qualified for that position or can become qualified after
reasonable efforts by the employer to qualify the member.55 If the member would have been promoted except
for the military leave, but cannot be qualified for the new position
after reasonable employer efforts, the member may be employed in the
position that was held when military service began.56
2) Service of 91 days or more. The member must be reemployed
in the position the employee would have held except for the interruption
for military service, or in a position of like seniority, status, and
pay, if qualified for that position. If the member would have been
promoted except for the military leave, but cannot be qualified for
either that new position or an equivalent one despite the employer's
reasonable efforts, the returning member must be reemployed in the
position held when the period of military service began, or in a
position of like seniority, status, and pay.57
3) Members who cannot be qualified for the job. If the
returning employee cannot be qualified for the job the employee would
have held or the position formerly held after the employer's reasonable
efforts, and the member's inability to qualify is not related to a
service-incurred or aggravated disability, the member must be reemployed
in any position of lower status and pay for which the member is
qualified, but with "full seniority."58
4) Service-incurred or aggravated disability. A disabled
veteran whose disability was incurred or aggravated by military service
and who cannot perform the job he or she would have held on return, even
after reasonable accommodation by the employer, must be reemployed
a) any other position of equivalent seniority, status, and pay for
which the veteran is qualified or could become qualified through the
employer's reasonable efforts; or
b) the position most nearly approximate (in terms of seniority,
status, and pay) to the position in item 1), consistent with the
Note that the USERRA requires the returning member to be "promptly
reemployed."60 What is considered "prompt"
generally depends on the particular facts and circumstances, including
how long the member has been on military leave.
Escalator principle. In many cases, the position the
employee would have held had the employment not been interrupted by the
military service will be the same as the position the member held when
the service began. When there would have been a change, however, the
"escalator principle" requires that the member receive any change in
position or benefits to which the member would have been entitled had
the member remained continuously employed.61 This then allows the member to "actually step
back on the seniority escalator at the point the person would have
occupied if the person had remained continuously employed."62
Rights and benefits. Rights and benefits can be
either seniority-based63 or not.64 Seniority-based rights are determined by or
accrued with length of service; for these rights, the member must
receive all other "perquisites of seniority."65 For example, pay raises based on longevity and
promotions based on longevity or length of service the member was
reasonably certain to have achieved should be granted the returning
Rights and benefits that are not based upon seniority will be treated
as if the member was on a leave of absence or furlough.66 If there are varying types of nonmilitary
absences, the member is entitled to the most favorable treatment.67 For example, the Department of Labor has stated
that the hours a reservist would have worked, but for military service,
are to be counted when determining whether a military member is entitled
to take leave under the Family and Medical Leave Act.68
Sometimes the distinction between the two is not very clear. For
example, vacation and sick days may be either seniority-based or
Lay offs. If a member is laid off while on military
leave, and would have received severance pay had the member been
actively employed at the time of the layoff, the member is entitled to
that severance pay upon returning from military leave. Moreover, if the
member was laid off and was on a recall list when the member entered
military service, the member must be returned to the recall list on
completion of the military service.70
Failure to report or reapply. A returning member who
fails to report to or work to apply for employment or reemployment
within the specified time periods does not automatically forfeit the
entitlement to reemployment; rather, the member is subject to the
employer's established conduct rules, policies, and general practices
pertaining to explanations and discipline with respect to absence from
Exception to reemployment obligation. The USERRA
specifies certain limited circumstances in which an employer is relieved
of its obligation to reemploy members returning from military service.
The burden is on the employer to prove that one of these exceptions
applies.72 These circumstances include:
1) Less than honorable or general discharge. If a returning
member is separated from uniformed service via a court-martial with a
dishonorable or a bad-conduct discharge (enlisted) or a dismissal
(officer), or separated administratively with an other-than-honorable
conditions discharge, the rights to reemployment and other USERRA
protections end.73 The characterization of
a member's service is annotated on a Department of Defense (DD) Form
2) Change in the employer's circumstances. If reemployment
is "unreasonable or impossible" because the employer's circumstances
have changed, the employer may deny reinstatement. For example, if the
member's job has been eliminated in a reduction-in-force, reinstatement
is not required.74 However, this exemption
is not available merely because the member's former position has been
filled or no opening exists.75
3) Employment of a disabled veteran would cause an undue
hardship. Reinstatement may be denied if the employment of a
veteran who has a service-incurred or aggravated disability would cause
an undue hardship to the employer, after reasonable efforts to
accommodate the disability have been exhausted.76
Upon the employer's request, the reservist must supply documentation
to establish that the application is timely, the military service has
not exceeded the permissible limits, and the entitlement to USERRA
protections has not been terminated due to the member's release from
service under anything other than honorable conditions.77
Termination protection. The USERRA also protects
returning members from discharge without cause for a period of time
after reemployment. If the military service lasted between 31 and 180
days, the member may not be terminated without cause for 180 days after
the date of reemployment.78 If the member's
military service was more than 180 days, this protection applies for one
year after reemployment.79 Members with
fewer than 31 days of military service do not have protection against
discharge without cause, but like other returning members, they are
protected from discrimination based on military service or a continuing
military service obligation.
Enforcing USERRA Rights
The U.S. Secretary of Labor is empowered to provide reemployment
assistance to veterans through the Veterans' Employment and Training
Service (VETS) of the Department of Labor.80 VETS will investigate complaints and attempt to
resolve them, and a veteran who believes that he or she has been
discriminated against has the option of filing a complaint with
VETS has the statutory right to examine and duplicate employer and
employee documents relevant to its investigation, and also has the right
of reasonable access to interview persons with relevant information,
together with power to subpoena the attendance and testimony of
witnesses and to compel the production of documents relating to any
matter under investigation.82
Veterans whose complaints are not successfully resolved by VETS may
request that their complaints be submitted to the U.S. Attorney General
for possible court action. If the Attorney General is satisfied that the
complaint is meritorious, the Attorney General may file a court action
on the veteran's behalf. In addition, veterans have the option of filing
their own individual court actions. Veterans may do so if they have
chosen not to file a complaint with VETS, have chosen not to request
that VETS refer that complaint to the U.S. Attorney General, or have
refused representation by the Attorney General.
An award of back pay or lost benefits may be doubled in cases in
which violations of the USERRA are found to be "willful."83 "Willful" is not defined in the USERRA, but the
legislative history indicates that "willful" is defined the same way as
it is in U.S. Supreme Court cases under the federal Age Discrimination
in Employment Act. Under that definition, a violation is "willful" if
the employer's conduct was knowingly or recklessly in disregard of the
At the court's discretion, an award of attorney fees, expert witness
fees, and other litigation expenses may be granted to the successful
veteran who retains private counsel. The USERRA prohibits charging court
fees and costs against anyone who brings a private suit under the
Wisconsin Statutory Requirements
Like the USERRA,86 reservists also are
protected against discrimination under the Wisconsin Fair Employment
Act.87 Employers must not discriminate
against an applicant who is a member of the National Guard or
reserves.88 Wisconsin also has a veterans
reemployment statute,89 but generally, the
USERRA provides greater reemployment protection. Finally, a Wisconsin
veteran may have additional benefits with the Wisconsin Department of
Stephen J. McManus, Univ. of Arizona
1993, is a founding partner in Nowakowski & McManus LLP, Milwaukee,
where he concentrates in worker's compensation defense, professional
licensing, and military matters. He served as an active duty JAG in the
U.S. Air Force for more than six years and is currently a major in the
Air Force reserves.
With this information, you are better able to advise and assist your
longtime client. Now you can request a stay in the divorce proceeding,
send SSCRA interest reduction letters to creditors, void the rental
agreement, and inform the employer of your client's USERRA rights.
1"National Guard and Reserve
Mobilized as of May 21, 2003," www.defenselink.mil/news, May
250 U.S.C. app. §§
350 U.S.C. app. § 536.
450 U.S.C. app. § 513.
5Le Maistre v. Leffers,
333 U.S. 1, 6 (1948).
6McMurtry v. City of
Largo, 837 F. Supp. 1155 (M.D. Fla. 1993) (no federal cause of
action or federal jurisdiction for a soldier's failure to use remedy
750 U.S.C. app. § 526.
820 U.S.C. § 1078(d).
950 U.S.C. app. § 518.
1050 U.S.C. app. § 521.
11In re Ladner, 156 B.R.
664 (Bankr. D. Colo. 1993).
12The Welfare Reform Act of 1996,
Pub. L. No. 104-193, §§ 325, 363, 110 Stat. 2105 (1996),
requires states to set up administrative proceedings to expedite
handling of child support and paternity claims that are not subject to
SSCRA stay protection.
1350 U.S.C. app. § 521.
1450 U.S.C. app. § 521.
See Starling v. Harris, 151 S.E.2d 163 (Ga. Ct. App. 1966)
(personal injury case in which member was only eye witness); Mays v.
Tharpe & Brooks Inc., 240 S.E.2d 159 (Ga. Ct. App. 1977) (large
financial dispute in which member sued on promissory note).
15Keefe v. Spangenberg,
533 F. Supp. 49, 50 (W.D. Okla. 1981) (court granted a one-month
continuance but denied a stay until the end of enlistment period).
16Id. (court suggested
member agree to videotape deposition pursuant to Fed. R. Civ. P.
17Hibbard v. Hibbard,
431 N.W.2d 637 (Neb. 1988) (stay denied when member in contempt of court
for refusing to comply with visitation orders).
18115 Wis. 2d 445, 444 N.W.2d 750
(Ct. App. 1989).
19But see Kasubaski v.
Kasubaski, 1996 Wis. App. LEXIS 1014 (Ct. App. 1996) (unpublished)
(court criticized Artis-Wergin as being too harsh and wrongly
2050 U.S.C. app. § 520.
2150 U.S.C. app. §
2250 U.S.C. app. § 535.
2350 U.S.C. app. § 525.
24Conroy v. Aniskoff,
507 U.S. 511 (1993).
2550 U.S.C. app. §
2650 U.S.C. app. §
2750 U.S.C. app. § 530.
2850 U.S.C. app. § 593.
2950 U.S.C. app. § 592.
3050 U.S.C. app. § 531.
31"Reservists, New Enlistees May
Get Deferral for Back Taxes," Updated Tax Tip 2003-41, March 11, 2003,
Internal Revenue Service, at www.irs.gov/newsroom/article/0,id=108001,00.html.
3256 Fed. Reg. 2663 (Jan. 23,
33"Tax Relief for Those Involved
in Operation Iraqi Freedom," Notice 2003-21, Internal Revenue Service,
3450 U.S.C. app. § 574.
3550 U.S.C. app. § 590.
3638 U.S.C. §§
3738 U.S.C. § 4303(4).
3838 U.S.C. § 4303(16).
3938 U.S.C. §
40Under a previous version of
USERRA, see Foor v. Torrington Co., 170 F.2d 487 (7th Cir.
4138 U.S.C. §
4238 U.S.C. § 4303.
4338 U.S.C. § 4312(a)(1),
4438 U.S.C. § 4312(b).
4538 U.S.C. § 4312(a)(2)
4638 U.S.C. § 4317.
4738 U.S.C. §
4838 U.S.C. §
4938 U.S.C. § 4316.
5038 U.S.C. § 4312(a).
5138 U.S.C. § 4312(e).
5338 U.S.C. §
5438 U.S.C. § 4312(a).
5538 U.S.C. §
5638 U.S.C. §
5738 U.S.C. §
5838 U.S.C. §
5938 U.S.C. §§
6038 U.S.C. § 4313(a).
6138 U.S.C. § 4316(a).
See Fishgold v. Sullivan Drydock & Repair Corp.,
328 U.S. 275 (1946).
62Veterans Employment and
Training Service, The U.S. Department of Labor, A Non-Technical Resource
Guide to the Uniformed Services Employment and Reemployment Rights Act
(USERRA) (2001), at www.dol.gov/vets/whatsnew/uguide.pdf
6338 U.S.C. § 4316(a).
6438 U.S.C. § 4316(b).
65Capt. Samuel F. Wright, USNR,
Vacation Rights Under USERRA, 59 Reserve Officers Ass'n L. Rev.
(2002), at www.roa.org/home/law_review_59.asp.
6638 U.S.C. §
67See supra note 62.
68Veterans Employment and
Training Service, The U.S. Department of Labor, Protection of Uniformed
Service Members' Rights to Family and Medical Leave (2002), at www.dol.gov/vets/media/fmlarights.pdf
69See supra note 65.
70See supra note 62.
7138 U.S.C. §
7238 U.S.C. §
7338 U.S.C. § 4304.
7438 U.S.C. § 4312(d)(1).
Under the prior law, the Seventh Circuit held that "unreasonable" was
"more than inconvenient or undesirable." See Levine v.
Berman, 161 F.2d 386, 389 (7th Cir. 1947) (citing Kay v.
General Cable Corp., 144 F.2d 653, 655 (3d Cir. 1944)).
7538 U.S.C. §
7638 U.S.C. §
7738 U.S.C. § 4304.
7838 U.S.C. § 4304(c).
7938 U.S.C. §
80VETS can be reached by
telephone at (866) 4-USA-DOL ((866) 487-2365) or online at www.dol.gov/vets/.
8138 U.S.C. §§
8238 U.S.C. § 4326(a),
8338 U.S.C. §
84See supra note 62.
8538 U.S.C. §§
8638 U.S.C. § 4311.
87Wis. Stat. §§
88Wis. Stat. §§ 111.31,
89Wis. Stat § 45.50.
90A benefit summary can be found