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USERRA and the Jobs for Veterans Act:
Protect Those Who Serve

08/20/08


By the end of 2003, more than 185,000 National Guard and reserve members were called to active duty. And, with the situation changing daily, additional troops may be called in the near future. If some of your employees are reservists, you should be prepared in case they need to leave their jobs to serve in the armed forces.

Protect those who protect us
Whether taking part in annual training or answering a call to active duty, reservists are entitled to job-protected leave and a right to return to work by the Uniformed Service Employment and Reemployment Rights Act of 1994 (USERRA). This law prohibits discrimination and covers virtually all U.S. employers.

You’ll need to follow certain guidelines under USERRA, depending on how long an employee is on leave. During this time, you can permit (but not require) the employee to use vacation or personal time off.

  • If the leave is for 30 days or less… continue to pay the employee’s health insurance. After that period, you must offer continuing coverage under COBRA.
  • Beyond a 90-day leave… you do not need to hold a job open, but you must offer your returning employee a position of similar seniority status and pay — as long as the employee is qualified. If he or she is not qualified, you must make a reasonable effort to retrain or upgrade the employee’s skills for reemployment.
  • Protect the employee’s job until he or she returns from duty… except under limited circumstances. Upon the employee’s return to work, offer promotions and other seniority-based job benefits he or she would have received otherwise.
  • If a service-related disability has occurred… you may need to accommodate the disability and keep a job open for an extended period.
Put jobs back in veterans’ hands
The Jobs for Veterans Act was recently signed into law to help those returning from military service. It provides that priority be given to veterans for employment, training and placement services in programs directly funded by the U.S. Department of Labor. It also affects the way covered employers collect and report affirmative action information regarding veteran applicants and employees.

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Our USERRA Kit answers your questions
Want to accommodate military leave requests? Ensure you’re within the obligations of USERRA? Learn more about the Jobs for Veterans Act? To request a USERRA Kit or other tools to help you comply with affirmative action obligations for veterans, contact G.Neil today at 800-999-9111 or visit our website at www.gneil.com/info/militaryleave.

USERRA Uniformed Services Employment and Reemployment Kit - $49.99