labor lawAdivision of labor law center

The US Department of Labor has announced recently that there are new regulations pertaining to the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).  USERRA protects the civilian job status of special reserve and National Guard soldiers who are called to active duty.

The new regulations are described on an updated version of the Arkansas USERRA poster, which is required by law to be displayed in a prominent location on every job site in the state.  Employers who have no employees serving in the reserve forces must display the poster the same as those employers with workers who are reservists.

Arkansas USERRA regulations require the reservist to provide notification to his or her employer as soon as deployment plans are known.  In some cases, however, the reservist may not be given ample lead time or, for military purposes, cannot reveal deployment plans in advance.  USERRA laws protect jobs under these circumstances, too.

Often considered military leave, Arkansas USERRA regulations allow the reservist to claim vacation or annual leave time while serving on active duty.  This determination is left to the discretion of the employer.

USERRA laws protect the job status of the reservist by locking in his or her position, responsibilities, and rate of pay until the soldier reports back to duty on the civilian job.  Many other aspects of a reservist’s civilian job status are retained under USERRA, too, although many of these aspects change from job to job.

All returning soldiers are allowed ample time to travel safely home and enjoy a brief period of rest after active duty.  The time allowed for a returning reservist to reclaim a job varies according to the length of time served on active duty. 

Soldiers who serve less than 31 days must report back to work on the first work day after coming home while those serving longer terms may have as much as 90 days to reapply for their jobs.  Job protection under USERRA covers active duty for as long as five years.

USERRA regulations require reservists to reapply for their civilian jobs although with most employers, reapplication is a mere formality.

The reservist’s pension plans are one critical issue addressed in the newest USERRA regulations.  Just as the act protects the soldier’s job status, it protects the provisions of existing pension plans, too, while the soldier is on active duty.

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