labor lawAdivision of labor law center

The USERRA requires that employers reinstate employees after active military service, even if the employee’s absence has been up to five years. In some cases, as with wounded veterans, employers are required to reinstate employees who have been absent even longer.

That is why it is vital for employers to have a USERRA compliance program in place.

USERRA, the federal Uniformed Services Employment and Reemployment Act applies even to employees who voluntarily resign to enroll in the military. It also applies to emergency workers such as police, firefighters and paramedics, who may be pressed into service or volunteer during times of natural disasters or terrorist attacks.

The USERRA also applies to employees who serve in the National Guard or National Reserve.

Employers are required to notify employees of their rights under USERRA. In most cases, every employer must display a USERRA Poster, even if they currently have no employees who are covered under the law.

The federal regulations require that employers furnish a notice of the complete, accurate rights, benefits and obligations of employees and employers under USERRA.  Employers are encouraged to provide the notice to employees in other ways, in addition to the required poster. However, employers must be careful in selecting USERRA compliance products from a supplier. By law, the products must ensure that the full text of the notice is included.

 The U.S. Department of Labor recently introduced the USERRA Advisor , a useful online tool for employers. The eLaws Advisor helps employers to understand a number of issues surrounding military service, including:

• Employee eligibility
• Job entitlements
• Employer obligations
• Benefits
• Remedies 

According to the U.S. Department of Labor, the USERRA “is intended to encourage non-career uniformed service so that America can enjoy the protection of those services, staffed by qualified people, while maintaining a balance with the needs of private and public employers who also depend on these same individuals.”

Last 10 posts by Madison

• H1N1 Can Trigger FMLA - November 11th, 2009
• Independent Contractor Laws - October 2nd, 2009
• Georgia Minimum Wage - September 16th, 2009
• South Carolina Minimum Wage - August 14th, 2009
• Pennsylvania Minimum Wage Increase 2009 - July 29th, 2009
• Alabama Minimum Wage Increase 2009 - July 27th, 2009
• Oklahoma Minimum Wage Increase - June 15th, 2009
• New Illinois Nonsmoking Regulations - May 25th, 2009
• Missouri Layoff Results in Liability Suit - May 11th, 2009
• Minnesota Religious Discrimination - April 17th, 2009