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Wyoming USERRA

May 22nd, 2007 Posted by Amelia

The Uniformed Services Employment and Reemployment Rights Act protects service members, clarifies the law, and improves enforcement. It’s full of regulations that cover job rights for veterans and members of the Reserve and National Guard. Recently these regulations have been updated. The final regulations were recently released by the Dept. of Labor.

One division of the US Dept. of Labor, the Veterans’ Employment and Training Services (VETS) provides assistance to everyone with claims under USERRA. New regulations to the USERRA allows federal government employees to now also be eligible to receive Dept. of Labor assistance in processing claims under USERRA.

Under USERRA regulations, employees have a right to the same benefits, salary and job that they would have achieved had they remained in their civilian jobs instead of taking a military leave of absence. Employees are also often entitled to the same annual salary increases and raises to cover the cost of living that they would have received had they continued working at their civilian jobs.

Under the USERRA t regulations, veterans and members of the Army, Navy or Air Force Reserve have their civilian jobs protected for up to five years while they serve their country. If an employee serves two years and then an additional three years, he or she would still be covered because the five years are cumulative.

Significant changes have been made to the most recent USERRA regulations concerning this five-year limit. Exceptions have been made meaning that a soldier whose initial enlistment lasts for more than five years may still have his or her civilian job protected. Timing, frequency, duration or nature of the individual’s service are specifically stated as irrelevant in the new regulations. What is important is that basic eligibility criteria are met. Periodic National Guard or Reserve training is not included in this five-year total.

According to some test cases, returning veterans were awarded promotions that they would have received based on the length of service.

Now a great time for employers to update their Wyoming USERRA posters due to these recent changes. It’s important to make sure employees have correct information at their fingertips regarding the USERRA.