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Arkansas USERRA

April 3rd, 2007 Posted by Amelia

The US Dept. of Labor recently released changes to the regulations of the Uniformed Services Employment and Reemployment Act (USERRA) first introduced in 1994. The purpose of the USERRA is to protect service members, clarify the law, and improve law enforcement. The changes to the regulations help reinforce policy that protects the job rights of veterans and members of the reserve and National Guard. The public must, by law, be informed of these changes.

Arkansas USERRA posters need to be updated and displayed by employers, even if they don’t have any employees who serve in the military.

Pension plans for veterans returning to civilian jobs after military service are addressed by the new USERRA plans. Soldiers are generally reinstated to their civilian jobs if they have five years or less of cumulative military service. Injured or disabled soldiers may have an additional two years if they’ve been injured in the line of duty or while training.

Employees who are also serving in the military while working at their civilian jobs have the right to keep their job seniority if they’re required to serve during a national emergency. The USERRA states that an employee must be reinstated with the same seniority, status, and related pay as if they had never been absent for military service. Benefits, promotion, and any other rights associated with seniority must also be reinstated.

This long-standing principle is called the escalator principle. If career advancement were compared to a ride on an escalator, the employee is guaranteed not to lose his or her place on the escalator simply due to an absence for military service.

USERRA regulations also require that an employee receives any necessary training or retraining if he or she requires a refresh or upgrade to skills that may have not been used while in military service. Training or retraining will help the employee qualify for reemployment.

Workers in military service have a right to the same benefits awarded to other individuals on non-military leaves of absences, such as maternity leave and disability.