labor lawAdivision of labor law center

It is very important that employers in the state have a current issue of the New Hampshire USERRA poster on prominent display on every job site.  USERRA is the Uniformed Services Employment and Reemployment Rights Act of 1994 that provides job protection for all reservists called away from civilian jobs for active military duty.  New regulations sanctioned by the US Department of Labor have just been approved that provide new protections to these workers.

Under the latest New Hampshire USERRA regulations, job protections are strengthened and pension plans are explicitly protected.  Returning reservists must be allowed to return to the same jobs they held before deployment.  Position, rate of pay, and job status must remain as they were before the reservist took military leave.

In order to enjoy job protection under the New Hampshire USERRA regulations, a worker must notify his or her employer as soon as possible once called to active duty.  Both written and verbal notifications are allowed.  There may be instances where notification is precluded by military necessity but job protection rights are sustained in this situation, too.

New regulations to the New Hampshire USERRA laws outline the length of time a returning reservist is allowed before reporting back to work at a pre-deployment civilian job.  Job protection under these regulations can be for as long as five years.

Reservists returning to civilian jobs after less than 31 days away must report to work the first full business day after release from service.  Reservists who serve 31 to 180 days are allowed as much as 14 days to apply for employment.  Ninety days are allowed if more than 180 days of active duty were served before release from duty.

 In most cases, reapplication for pre-deployment positions is merely a formality.  In some cases, a reservist can use annual leave or vacation time in lieu of military leave although this provision is at the discretion of the employer.

The revised version of the New Hampshire USERRA poster must be displayed on all job sites across the state, whether or not there are any military reservists on the payroll. 

Last 10 posts by Amelia

• COBRA Subsidy Extended Again - March 5th, 2010
• New York Uniform, Meals and Lodging Rules - February 10th, 2010
• New York Non-Exempt Employee Rules - February 3rd, 2010
• New York Tipped Minimum Wage is $4.75 - January 27th, 2010
• Oklahoma Direct Deposit - January 20th, 2010
• 2010 Minimum Wage Recap - January 1st, 2010
• Vermont Minimum Wage 2010 is $8.06 - December 30th, 2009
• New GINA Regulations - December 23rd, 2009
• Kansas 2010 Minimum Wage Increases to $7.25 - December 9th, 2009
• 2010 Washington Minimum Wage is $8.55 - December 2nd, 2009