labor lawAdivision of labor law center

Now is a great time to update your Alaska USERRA poster. In the light of the final USERRA regulations released by the Dept of Labor. Even if you do not employ any people who serve in the military, employers are still required to display an up to date USERRA poster within the workplace. 

People who are covered by the Uniformed Services Employment and Reemployment Rights Act of 1994 are those who serve as members of the reserve and National Guard, as well as veterans. The act means that under law, the jobs of these people are protected when they are away from their employment to take part in military service.

Under USERRA regulations, people who are covered by this act, can expect to be reemployed in their civilian job after a gap of up to five years. Service members are allowed to use accrued vacation for military service, or annual leave, but under the act, employers cannot specify a requirement that they do so.

Recently, USERRA regulations have addressed the question of pensions, and have clarified that all pension plans are protected.

A person who is going to be away from their job due to military service must give their employer as much notice as possible, either verbally or in writing. This applies in most cases, except when giving notice is precluded by military necessity, or is impossible or unreasonable.

After military service, regulations set when a person must apply for reemployment. These usually depend on the length of military service. If military service is up to 31 days, then they have to apply for reemployment at the beginning of the first workday after release from military service, after allowing time to travel home, and an 8 hour rest period.

If they have been serving more than 30 days , but less than 181 days, then they must apply for reemployment within 14 days after release. If the length of service is more than 180 days, they need to apply for reemployment within 90 days after release. In most cases, applications for reemployment are a formality.

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