labor lawAdivision of labor law center

If you are a service member, then the final USERRA regulations that were recently released by the Dept of Labor will be of particular interest to you. These rules cover job rights for members of the reserve and National Guard, as well as for veterans.

Now would also be a good time to check that your employer is displaying a Maine USERRA poster in your workplace. They are required to display an up to date USERRA poster, whether they have service personnel working for them or not.

The Uniformed Services Employment and Reemployment Rights Act of 1994 was set up to protect military personnel’s jobs for when they return from military service, but what does this cover, and what does it mean for you as a service member?

New USERRA regulations explicitly state that all pensions for military members who come under the Act are protected.

If a soldier has been away from work, serving in the military for less than 30 days, they must return to their employment on the first working day after release from service, allowing for travel home and an 8 hour rest period.

If a soldier has been away from work, serving in the military for more than 30 days, but les than 181 days, they must apply to return to work, by submitting an application form within 14 days after release from service.

If a soldier has been away from work, serving in the military for more 180 days, they must apply to return to work, by submitting an application form within 90 days after release from service.

Military members are entitled to be reemployed in their civilian jobs, up to 5 years away in military service.

When a soldier knows he is to be away for military service he must give written or verbal notice of their absence to their employer, unless called away with short notice.

Most of the time, reemployment applications are just a formality.

Last 10 posts by Amelia

• Colorado Reduces Minimum Wage in 2010 - November 20th, 2009
• New Law Expands FMLA and NDAA for Military Families - October 30th, 2009
• California Approves Exempt Salary Reduction - October 16th, 2009
• 3 New Illinois Laws - October 9th, 2009
• New Definition of Disability - September 25th, 2009
• E-Verify Regulations - September 18th, 2009
• New USERRA Regulations - September 2nd, 2009
• E-Verify News - August 26th, 2009
• New Tennessee Workers’ Compensation Law - August 19th, 2009
• Louisiana Minimum Wage - August 3rd, 2009