09/ 27/ 2005
from the Department of Labor
Many National Guard and Reservists are returning from service in the Middle East and duty along the Gulf Coast. Do these servicemen and women get their civilian jobs back upon return? It’s a question that many individuals and employers ask, and thanks to the U.S. Department of Labor, the answers are just a click away.
The Uniformed Services Employment and Reemployment Rights Act, an important DOL law intended to ease the transition between military service and civilian employment, establishes the reemployment rights and benefits for service members called to duty while working for a private or public employer. DOL administers the law and seeks to ensure that National Guard members and Reservists who return from service not only receive their reemployment benefits, but also are not discriminated against.
The USERRA Advisor is a free Web tool that helps explain USERRA. The USERRA Advisor educates veterans about their rights under the act, such as employee eligibility and employer obligations, job entitlements and benefits and remedies for veterans who think their employers are violating the law.
Employers must also educate themselves about their obligations to National Guard members and Reservists called to duty. Employers often have an obligation to not only reemploy National Guard members and Reservists when they return from duty, but also to not discriminate against them when making hiring decisions and promotions. Additionally, employers are obliged to offer employees called up for service the company health insurance plan, not only for up to 24 months while they are gone, but also when they return.
The USERRA Advisor can fully inform both an employer and employee of their rights and obligations under the act. It also provides a notice for employers to post or distribute to fulfill their requirement to notify employees of their rights and benefits under USERRA.
Helpful links listed below:
