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USERRA Spells Out Employers’ Duties to Employees in
the Military
With the
ongoing war on terrorism and the prospect of military action in Iraq,
contractors all over the country have faced losing employees to military
service. If one of your workers trades in a hardhat for a helmet, what are
your obligations as an employer?
The Uniformed Services Employment and Reemploy-ment Rights Act (USERRA)
protects the rights of employees who leave their jobs to serve in the armed
forces, the reserves, the Coast Guard, the Public Health Service, or the
National Guard. USERRA includes protections concerning re-employment, health
and welfare benefits, compensation, retirement plans, and discrimination.
In most cases, USERRA applies to all employers, regardless of size, and
protects full- and part-time employees alike.
Under USERRA, employees are entitled to re-employment upon their return from
service, provided:
- The employee gave advance notice that he or
she was leaving for military service
- The period of service does not exceed five
years (in most cases)
- The employee is released from service under
honorable circumstances
- The employee asks for
re-employment in a timely manner
Employers not only must re-employ the returning worker, they also must do so
at the level and rate of pay the employee would have achieved had his or her
employment not been interrupted by military service.
Same Pay Scale
Employers also must extend COBRA-like health plan options to employees on
military duty. In addition, USERRA requires that employers treat employees
returning from military duty as if no break in service had occurred for
retirement and profit-sharing plan purposes.
For example, if an employee was not vested before leaving for military
service, but would have vested while in the service, the employer must treat
that employee as being vested immediately upon returning to work.
USERRA also prohibits employers from discriminating against employees or
prospective employees on the basis of their desire or obligation to serve.
This is just a brief overview of USERRRA. For further information,
contractors can visit Employer Support of the Guard and Reserve Web site at
www.esgr.org. This group offers information, counseling, and informal
mediation on compliance issues regarding USERRA.
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