When U.S. troops return from Iraq and other battlegrounds, USERRA guarantees their reemployment and benefits. Here’s what you need to know about this Act.
Next week brings September and with it an expected major report on the war in Iraq by the commanding general of U.S. armed forces there. Many leaders have said this report will help decide how long American military personnel remain in that troubled land.
Whichever way the report goes, U.S. forces will be leaving someday, and that someday now seems more likely to be sooner than later. Over 100,000 of our bravest will return to the workforce, while others continue to leave it to fight the War on Terror on other fronts.
Understand USERRA and related state law in plain English. Examine BLR’s Military Leave: The Complete Guide to USERRA Compliance at no cost or risk. Click for details.
The federal law regulating these movements is the Uniformed Services Employment and Reemployment Rights Act (USERRA). Because you may soon have an increased need to fulfill its provisions, this seemed a good time to reacquaint our readers with the law. We’ll do this in a 2-part article, courtesy of the BLR program, Military Leave: The Complete Guide to USERRA Compliance, among other sources.
Here are the critical points you need to know and follow.
–USERRA applies to every employer, regardless of size or business sector. There is no minimum number of employees threshold as in many other employment laws.
–All employers must grant military leave, on request of the service member involved. Employers may ask for documentary proof that the leave is military, which often comes in a letter from the unit’s commander. Leave can be for required training as well as for extended service.
–Leave is unpaid under the law, although some companies pay leave-takers their salary or the difference between their military and civilian pay, for purposes of both patriotism and retention. Employers must also continue to offer health benefits for up to 24 months. The first 31 days are at the employee’s normal rate of contribution. The remainder is handled like COBRA, with the employee liable for 102 percent of the full premium.
–In normal times, the employee’s job is protected for up to 5 years of cumulative military service. When leave-takers return, they must be placed in the position they would have had if they had stayed. Credit toward pensions and seniority must be awarded as if the individual never left.
BLR’s Military Leave: The Complete Guide to USERRA Compliance also covers little-publicized, related state law that is more aggressive in its requirements than the federal. Examine this unique reference at no cost. Click to learn more.
These are not normal times. Shortly after 9/11, President Bush declared a state of national emergency which continues today. As some personnel who joined then have now served more than 5 years, “some employers have concluded,” says the law firm Little Mendelson P.C., “that they can now terminate these employees because they no longer enjoy the statute’s protection. These employers do so at their peril.” Littler attorneys point out that the law suspends the 5-year rule when a declaration such as a national emergency is in effect.
Part 2 will fill in more of the detail, as well as provide information on the BLR program that covers USERRA and provides the tools you need to administer it.
When Johnny and Jennie Come Marching Home …
… You’ll need to give them a legal welcome. That means understanding all the complex provisions of USERRA and even more aggressive, little-publicized state laws on reemployment of veterans. The guidance and tools you need are in BLR’s Military Leave: The Complete Guide to USERRA Compliance. Examine it at no cost or risk. Click for details.