| Uniformed Services Employment and Reemployment Rights Act (USERRA)
The Uniformed Services Employment and Reemployment Rights Act ( USERRA ) is a
federal act that was put into place in 1994 in order to ensure that
all employees will be treated fairly, regardless of their past, present,
or future military service.
The Act also guarantees that employees can be reemployed upon returning
home from service, as long as the employee meets all reemployment requirements.
Employees that are reemployed should be given the same job (or an equivalent
job) along with the same benefits and salary that they had prior to
taking time off for service.
Employees are covered for service related to any branch of the uniformed
services, including Public Health Service, National Guard, Coast Guard,
U.S. Marines, Reserves, and more. Employees are also covered for a variety
of service-related duties, including:
- Active or inactive duty
- Active or inactive duty for training
- Voluntary or involuntary duty
- Voluntary or involuntary duty for training
- Full-time guard duty
Employees will retain their USERRA coverage as long as their previous employer
is still in existence when they return from service. Also, employees
should not be dishonorably discharged and they must return to work within
a pre-determined time period based on their service in order to retain
their USERRA coverage. That time period is as follows:
- For service lasting up to 30 days, the employee should return to work within one business day of returning home.
- For service lasting between 31 and 90 days, the employee should return to work within 14 business days after returning home.
- For service lasting more than 90 days, the employee has up to 181
days to return to work after returning home from service.
Poster Requirements
Covered employers must provide their employees with USERRA information
through a USERRA notice or poster. In addition to the poster/notification
documents, employers may benefit by obtaining additional USERRA compliance
information, including the USERRA
Employee Handout Packet, USERRA
Employers Compliance Guide, USERRA
Information Sheet, and The
USERRA Easy Comply Set, which we provide.
LaborLawCenter.com is offering different options for employers to be
in compliance.
- Compliance
Protection Plan™ - Contains the updated State, Federal, and OSHA
posting requirements including the new EEOC poster updated August
2008 and Federal Military Leave Notice insert. Most importantly, this
option will keep you in compliance continually at no additional cost.
- Complete
Labor Law Poster – Contains updated State, Federal, and OSHA posting
requirements including the new EEOC poster updated August 2008 and
Federal Military Leave Notice insert.
- Federal
Labor Law Poster – Contains the Federal labor law posters which
includes the new EEOC poster updated August 2008, the new Federal
Military Leave Notice and the minimum wage rates for the 2008 and
2009 year.
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