labor lawAdivision of labor law center

Employers need to make certain their Hawaii USERRA poster is current. The Veterans’ Employment and Training Service, also known as VETS, has recently revised rules under USERRA. USERRA stands for the Uniformed Service Employment and Reemployment Rights Act, which was adopted in 1994. These new changes to USERRA impact workers in Hawaii.

When there is a national emergency, many Americans serve in the military, especially in the Reserve or the National Guard. USERRA makes certain these Americans don’t lose their jobs in the civilian world while serving their country. Although USERRA covers all veterans, many think of it as the “National Guard Law.” In one recent change, federal government employees can now file claims with the Veterans’ Employment and Training Service, which is part of the US Department of Labor.

Heath insurance coverage, both for the service member and his or her family, is another area covered by the recent changes to the USERRA regulations. If a worker has been on duty with the military for over 30 days, he or she is qualified for health care through the military. The family of the service member is also included in this coverage.

Many employers have questions about how long the civilian jobs of service members protected.
The way the recent USERRA regulations work is the civilian jobs of veterans, along with members of the Navy, Army, or Air Force Reserve, are protected while these soldiers are serving in the military. For a cumulative period of up to 5 years, the jobs for these service members are protected.

The USERRA also makes special provisions for disabled veterans. The employers of these veterans should make accommodations, within reason, for these employees. In addition, if soldiers are injured, even if the injury occurs in training, they have two additional years to return to their civilian jobs. This is over and above the cumulative 5-year limit.

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