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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: (more…)

On November 17, 2008, the U.S. Department of Labor published final updates to regulations for the FMLA, or federal Family and Medical Leave Act.

The updated regulations will require every employer to display a new 2009 FMLA poster. Employers can preorder the new FMLA poster here. These updated FMLA regulations go into effect on January 17, 2009.

This is in addition to the new 2009 USERRA poster and EEOC poster required for all employers. Most employers should display the posters in Spanish, as well as English.

The new regulations concern three major areas: 

• Update the FMLA regulations to address a number of problems reported by employees and employers
•  Address some conflicts between the U.S. Department of Labor FMLA regulations and decisions by the courts
•  Provide guidelines and regulations for employers granting extended FMLA to military families as required under the required Military Leave Notice.  

 According to Victoria A. Lipnic, Assistant Secretary for the Employment Standards Administration, these changes have been carefully weighed.

“This common sense, balanced rule is the product of a two year-long transparent process involving about 20,000 public comments and reflects the careful consideration of the views of FMLA stakeholders,” said Victoria Lipnic.

For most employers, the new FMLA regulations address these issues: 

• Reporting absences
• Right of individuals to waive FMLA
• Employer liability
• Light duty
• Perfect attendance awards 

Under the new regulations, (more…)

 Just in time to celebrate Memorial Day, the Department of Justice or DOJ announces a spate of recent convictions under USERRA. The USERRA regulations provide job protection for veterans.

In the first class action lawsuit ever under USERRA, on April 17, 2008 the DOJ

Reached an agreement that American Airlines will pay 353 pilots a total of $345,773 for the loss of vacation and sick leave benefits while on military duty. In addition, American agreed to provide additional sick leave worth about $215,000.

American Airlines is the nation’s largest commercial air carrier. Not coincidentally, American recently announced that it will charge every passenger $15 for the first checked bag on each domestic flight.

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 “This Memorial Day, I want to take the opportunity to highlight the steadfast commitment of the Justice Department’s Civil Rights Division to protecting the rights of America’s service members, who have made invaluable sacrifices for this nation,” says Grace Chung Becker, Acting Assistant Attorney General for Civil Rights at the US Department of Justice or DOJ.

The Civil Rights Division of the DOJ protects the rights of service men and women by vigorously enforcing a number of laws designed to protect them and their families. Those include the Uniformed Services Employment and Reemployment Rights Act of 1994 or USERRA. The right to vote while serving in the armed services is protected by the Uniformed and Overseas Citizen Absentee Voting Act or UOCAVA.  Financial security is protected by the Servicemembers Civil Relief Act of 2003 or SCRA. In addition, the rights of veterans in public institutions are protected by the Civil Rights of Institutionalized Persons Act or CRIPA.

Memorial Day is a great time for every employer to review their company’s compliance with the Uniformed Services Employment and Reemployment Rights Act or USERRA.

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