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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.

 
USERRA PRODUCTS
 

The USERRA Easy Comply Set
$27.95

USERRA Information Sheet
$24.95

Complete Labor Law Poster
$24.95

Federal Labor Law Poster
$9.95


 

 
Frequently Asked Questions


Is there a new USERRA poster?

Yes. The new USERRA poster should be dated July 2008.

The Compliance Protection Plan™ ensures that any Federal and/or State regulation pertaining to posting requirements will be closely tracked and reviewed to ensure the timely arrival of updated labor law posters when any posting guidelines have been updated regardless of the number of updates.


When will the new USERRA poster be available?
The Complete Labor Law Poster and Federal Labor Law Posters are updated with the new USERRA July 2008 update.

Who will be affected by the new USERRA poster?

Employers (regardless of size) with employees that need to take leave from work for uniformed service requirements, as long as the duration and reason for the leave is covered by USERRA regulations. USERRA covers full-time, part-time, and probationary employees.

 
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