Labor Law Center Blog » Blog Archive

Massachusetts USERRA

May 24th, 2007 Posted by Amelia

Now is the time for employers to update their Massachusetts USERRA posters due to recent changes to the 1994 Uniformed Services Employment and Reemployment Rights Act. The Veterans’ Employment and Training Service (VETS), a division of the US Dept. of Labor, recently released final rules for the act.

The goal of the USERRA is to ensure the civilian jobs of military personnel who are required to serve in times of national emergency. Veterans and members of the Army, Navy, or Air Force Reserve have their civilian jobs protected for up to 5 years if they’re required to serve their country. The five years are cumulative. An employee serving two years and then an additional three years will have reached his or her limit.

The recent changes to the act, which applies to all veterans including the National Guard and the Reserve, allows employees of the federal government to files claims with the VETS. The act provides special protection for disabled veterans by guaranteeing that their employers will hold their civilian jobs for with up to two years if they’re injuring during service or in training.

Health care insurance coverage is also available for veterans and their families under the new USERRA regulations. Those who have served in the military 30 days or less are to receive health care coverage from their employers as if they had remained employed. Those who were on military duty for more than 30 days are entitled to military health care, as are their families.

If a soldier wishes, he or she can opt to continue health care coverage through their civilian employer for up to 24 months. Should the soldier make this choice, he or she must pay the entire health insurance premium, including the portion formerly provided by the employer, and may be required to pay 102% of the total premium including processing surcharges.