Release Date: 10/ 03/ 2005
USERRA is a law passed in October 1994 that affects all businesses regardless of size. The act stands up for the rights of service personnel who are called up for active duty. The law makes it illegal for an employer to not retain a position for a member of the armed forces who is called up for active duty. The law also applies to members of the National Guard who might miss a few weeks of work per year because of training exercises. In addition, on March 10, 2005, it the Department of Labor announced that all business owners must inform their employees of their rights under the act.
Time limits of the USERRA
- Employee retains right to be reemployed for up to five years.
- Employee cannot be forced to use vacation time for annual training exercises.
- If gone for up to 30 days employee must reapply on next business day.
- If gone for up to 180 days employee must reapply within 14 business days.
- If gone for more than 180 days employee must reapply within 90 days.
Health and pension plans
- Employee can retain current health plan for up to two years.
- Employer must allow pension plans to continue as though employee never left. This includes any accruals that would have taken place.
Eligibility requirements of reemployment
- Employee must have given proper notice of departure.
- Must have left a civilian job.
- Must have been discharged honorably.
- Must have reported back to work within the required time constraints.
- Time period could not have exceeded five years.
Reemployment rights
- Employee has to be returned to his or her job promptly.
- Must have benefits, pay and status just as though employee had never left.
- Immediate reinstatement of health insurance for employee and employee's dependents.
- Right to be retrained so that they are brought back to the level of other employees.
- If employee became disabled while serving, the employer must make reasonable accommodations.
- Must be placed in a job that is at the same level as before departure.
Employer rights
- If service period exceeded 31 days employer can demand documentation of service.
- Must be notified of employee's departure in advance if at all possible.
How can you let employee know of their rights?
- Speak to them about their rights.
- Show or hang the poster given out by the Department of Labor that outlines their rights.
What can you expect if you fail to comply?
- Settlement rewarded to employee for pay they should have been given.
- All health insurance and pension benefits lost by the employee will have to be paid.
- Attorney and court costs of yourself and employee.
If you have a question or feel that you might be involved in a case relating to the USERRA, please contact the U.S. Department of Labor at 1-800-866-4-usa-dol.
