labor lawAdivision of labor law center

Americans who serve in the military during times of national crisis won’t lose their jobs thanks to the Uniformed Services Employment and Reemployment Rights Act (USERRA). The act, which applies to all veterans with a special focus on members of the National Guard and the Reserve, was recently updated. A division of the US Dept. of Labor, the Veterans’ Employment and Training Service (VETS), recently released the final rules under USERRA.

The 1994 act now allows federal government employees to file claims with VETS. It also reinforced the policy that members of the Navy, Army, and Air Force Reserve, as well as veterans, will have their civilian jobs protected for up to five years while they serve their country. The five years are cumulative. A worker serving two years and then an additional three years would have reached his or her limit.

Under the act, employers are required to make reasonable accommodations for any employee injured during military service or military training. Service members have up to an additional two years after their term is complete to return to their jobs while they recover from any injuries.

Changes to USERRA regulations state that a veteran is entitled to military health care for themselves and their families if the veteran has been on military duty for more than 30 days. Those serving 30 days or less are to continue to receive health care coverage from their employer as though the service member remained employed.

Employer health care coverage of up to two years is also an option for any soldier who chooses to continue health care coverage through their employer. In this case the soldier may be required to pay a surcharge for processing and up to 102% of the total premium. The soldier would also be required to pay the entire health premium, including any portion formerly provided by the employer.

Employers should update their Arizona USERRA posters since the changes to the act affect Arizona workers.

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