USERRA Review
With Guard and Reserve troops being activated and returning to their former jobs, it's a good time to review some basic Uniformed Services Employment & Reemployment Rights Act (USERRA) of 1994 information.
In general...
* Congress enacted USERRA and President Clinton signed it into law in 1994.
* Discrimination is prohibited because of service in the Armed Forces Reserve, the National Guard or other uniformed services.
* Benefits of employment cannot be denied or withheld based on membership or intent to join the uniformed services.
* Protection is afforded to veterans, reservists and National Guard members to reclaim their civilian employment after service.
According to Department of Justice (DOJ), the number of USERRA claims DOL referred to DOJ annually has increased approximately 20 percent since September 11, 2001.
For more information, visit
DOL's eLaws USERRA Advisor
National Committee for Employer Support of the Guard and Reserve (ESGR)
Link to the law: http://www.dol.gov/vets/usc/vpl/usc38.htm
Further, did you know a new notification requirement is part of the new Veterans' Benefits Improvement Act signed into law by President Bush on Dec. 10, 2004. This Act broadens the health care, housing, education and other benefits for the nation's veterans and their families originally included in USERRA. All covered employees be given notice of their rights, benefits and obligations under the Act.
As a result of changes to the law, all U.S. employers are required to provide employees with information concerning their rights and benefits under USERRA by March 10, 2005. The new law states, in part, "The requirement . . . may be met by the posting of the notice where employers customarily place notices for employees." Find the poster at the VETS website.