USERRA Employer Guidelines
USERRA employer guidelines aren’t just for employers, but they can also be helpful to employees. The powers that be created USERRA for the employee. But, USERRA also provides regulations for the employer so they can follow the law.
What Is USERRA?
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the job rights of men and women who leave civilian employment to serve in the military or respond to a natural disaster. Discrimination is illegal, particularly against any job applicant or current employee who is an active part of the military. When eligible, returning military members have the right to return to their work position and employers must provide it to them.
USERRA is broadly termed. Therefore, this act leaves a lot open for interpretation. A wide reach within a law can be both a good and bad thing as employers and employees face military service. Employers may feel the pinch of the law when returning employees want their jobs back, but the employer filled the position. The law demands that the employer restore the position to returning military member.
Military service or uniformed service is considered active duty, military training, practice drills, funeral honors duty, and examination for fitness to serve. The Department of Labor (DOL) assists in upholding USERRA. Discrimination against any possible or current employee who has participated or will participate in active duty is unlawful.
If you’d like to find out what your rights are under USERRA or your USERRA rights to returning to work after military service, do not hesitate to reach out to a USERRA lawyer, who will know how this law works for you.
Employer Guidelines for USERRA
USERRA provides a collection of guidelines and regulations to aid employers in their behavior toward all employees who have participated in military service of their country. Respecting the defense of this country means supporting the defense by upholding USERRA. The employer shoulders this burden. Although the following list is not exhaustive, it attempts an overview of what USERRA requires from employers.
USERRA Employer Guidelines Require Employers To…
- post a USERRA notice of rights to their employees via mail, e-mail, or a workplace poster.
- conform to USERRA if their state laws offer lesser rights to military servants.
- accept an employee’s notice of upcoming training or active duty.
- treat returning employees equally as other employers according to benefits and discipline.
- place returning employee in the same or equal job position promptly.
- offer accrued seniority to returning employee, including status, salary, and pension.
- train, re-train, or offer accommodations where needed to the returning employee.
- protect the returning employee from discharge for a certain period of time.
USERRA employer guidelines are a checklist for the busy company. And employers are required to be responsible both to and for their employees. Situations can occur, however, where one of the responsibilities is dropped or not carried through to completion. Although an accident, this is not acceptable by law. If your employer has not followed through with one of the above requirements, it may be in your best interest to contact an USERRA attorney who will know your rights under the law.
If you find yourself in the stressful situation of discrimination because of your service to the United States military, contact an employment lawyer who will know how to navigate your case and your rights under the law.