New USERRA (Vet Reemployment Rights) Regulations
April 4, 2006 by Beeson Tayer & Bodine
The US Department of Labor in December issued final regulations interpreting the Uniformed Services Employment and Reemployment Rights Act (USERRA). The regulations answer numerous questions about the meaning of the law and provide insight as to how courts will interpret the law in enforcement actions brought by the government or through lawsuits filed by individuals. In addition, the regulations require employers to post a revised version of the USERRA poster. The poster is available at http://www.dol.gove/vets/ programs/userra/ USERRA_Private.pdf. USERRA applies to all private and public employers, regardless of size. Among its rules are requirements that employers:- Place a returning employee in the appropriate position, typically the one that he or she would have been in had employment been continuous.
- Provide returning employees with any merit or automatic pay raises that would have been received during covered service as well as any missed promotional opportunities.
- Refrain from discharging a returning employee, except for documented cause or other non-discriminatory reason, during the first 180 or 365 days following return to work, the duration of the protected being dependent on the length of the absence.
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