labor lawAdivision of labor law center

All employers are required to display a California USERRA (Uniformed Services Employment and Reemployment Rights Act) poster with all the current information.  In case you haven’t heard, the Department of Labor has released the final USERRA regulations.  Whether employers have workers that are in the military or not, the poster should be displayed.

Veterans, members of the reserve, National Guard, and other military sects are protected under the act.  Soldiers are allowed to be separated from their civilian jobs for a total of 5 cumulative years and still be reinstated to their job.  In some special cases, they may be allowed to separate for up to seven years.  It is also true that all benefits, pensions, and promotions should also be given to a returning service member.  If other workers are entitled to them, so are they.  Any seniority, and the privileges that it entails, should not change when the soldier returns.  In other words, they should not lose their place in line.

The exception to the rule of reinstatement occurs when someone is no longer qualified for a position.  The law requires, however, that training for the changes in the position be offered to the returning service member to help them qualify.  If that particular position just doesn’t fit their skills set any more, the regulations provide for an alternate position within the company.  So basically, a returning soldier can lose their civilian job if they’re no longer able to fulfill the job duties.

The employment rights of military service member and veterans are all outlined and clarified in USERRA.  The purpose of USERRA is to make sure that these laws are clear and abided by.  If there is a dispute over the reinstatement of a returning soldier, it will be dealt with accordingly.  It is not very often that a returning military member has trouble returning to work, but it does happen, and there is a procedure for that kind of disagreement.

Last 10 posts by Amelia

• Colorado Reduces Minimum Wage in 2010 - November 20th, 2009
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• New Definition of Disability - September 25th, 2009
• E-Verify Regulations - September 18th, 2009
• New USERRA Regulations - September 2nd, 2009
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• New Tennessee Workers’ Compensation Law - August 19th, 2009
• Louisiana Minimum Wage - August 3rd, 2009