Summary of Federal Laws

 

Employment

 

Equal Employment Opportunity

 

Uniformed Services Employment and Reemployment Rights Act (USERRA) as amended by the Veterans Benefits Improvement Act of 2004

 

38 U.S.C. §§ 4301-4333 

 

There are four main sections to this Act:

• prohibition against unlawful discrimination;

• reemployment rights;

• health insurance rights; and

• retirement plan provisions.

 

The definition of military service is extremely broad in the statute.  The obligation for reemployment is contingent upon advance reasonable notice of the military service to the employer, an absence of less than five years, and reasonable notice at the end of the military service of availability to return to work (certain exceptions apply).  The procedure to return to work is dependent upon the length of the military service.  An employee can continue to participate in group health insurance at a cost of up to 102% of the premium for up to 24 months from the date the absence begins (may be sooner if returning veteran fails to reapply for job).  For pension plan purposes, military service is not to be counted as a break in service.  A less than honorable discharge can be the basis for denial of reemployment under this Act.  A person whose employment is interrupted by a period of service in the services shall be permitted, but may not be required, to use vacation, annual or similar leaves during such period of service.

For more information see http://www.esgr.org which is the Web site for the National Committee for Employer Support of the Guard and Reserve (ESGR).  The ESGR is a volunteer organization associated with the Department of Defense and has chapters in all 50 states.  It is established to educate and assist employers about their obligations and encourage compliance.  The site links to their ombudsmen program that can help in resolving conflicts that may arise under this law.  The organization may also be able to provide assistance in training employers about obligations under USERRA.

Uniformed Services Employment and Reemployment Rights Act of 1994; Final Rule, 70 Fed. Reg. 75246, Dec. 19, 2005.
This federal register document is the 69 pages of the final  rule implementing USERRA, in a question and answer format. The final rule is effective January 18, 2006. See the Dec. 23, 2005 Seyfarth Shaw Management Alert for highlights of the final rules.  

Notice of Rights and Duties Under the Uniformed Services Employment and Reemployment Rights Act, Final Rule 70 Fed. Reg. 75313, Dec. 19, 2005
This rule contains slight revisions to the notice that must be provided to employees (persons entitled to rights and benefits'' under USERRA) and is also effective Jan. 18, 2006. See the December 2005 version of the poster.

Veterans Benefits Improvement Act of 2004

This law amended USERRA to require that employers provide notices to employees of their rights under USERRA, as follows:

Each employer shall provide to persons entitled to rights and benefits under this chapter a notice of the rights, benefits, and obligations of such persons and such employers under this chapter. The requirement for the provision of notice under this section may be met by the posting of the notice where employers customarily place notices for employees.

 

Resources

Elaws DOL USERRA advisor

 

EEOC Guide Veterans with Service-Connected Disabilities and the ADA: A guide for Employers:
Explains the difference between USERRA and the ADA, and gives very practical advice on what can and cannot be done by employers hiring and recruiting veterans with disabilities.