Employers Required to Post Veterans Notice
March 10, 2005
by Employment & Labor Law / Employee Benefits Group
Stinson Morrison Hecker LLP
Copyright © 2005 - 2006
Updated January 11, 2006
Effective March 10, 2005, employers are required to provide a "notice" to persons entitled to rights and benefits under the federal Uniformed Services Employment and Reemployment Rights Act ("USERRA"). The notice must include a statement of the rights, benefits and obligations of such persons under USERRA and the obligations of employers under the statute.
Notice - Employers may meet this new requirement by displaying a Department of Labor issued USERRA poster where notices for employees are customarily placed. The poster -- which was revised in December 2005 -- may be downloaded by private (or State) employers by clicking on the following link: USERRA poster. Employers, however, may provide the notice to employees in other ways that will minimize costs while ensuring that the full text of the notice is provided (e.g., by handing or mailing out the notice, or distributing the notice via electronic mail). The Department of Labor, in its final rule, advised employers to use their best judgment and discretion in determining the means by which to provide notice to employees of their rights under USERRA and in achieving compliance with the notice requirement.
USERRA - The federal USERRA law protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service (including veterans and members of the Reserve and National Guard) or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services.
Reemployment Rights - Individuals protected by USERRA have the right to be reemployed in their civilian jobs if they leave that job to perform service in the uniformed services and:
- They ensure that their employer receives advance written or verbal notice of their service;
- They have five years or less of cumulative service in the uniformed services while with that particular employer;
- They return to work or apply for reemployment in a timely manner after conclusion of service; and
- They have not been separated from service with a disqualifying discharge or under other than honorable discharge.
If individuals are eligible to be reemployed, they must be restored to the job and benefits they would have attained if they had not been absent due to military service or, in some cases, a comprable job.
Health Insurance Protection - If individuals leave their job to perform military service, they have the right to elect to continue their existing employer-based health plan coverage for them and their dependents for up to 24 months while in the military. Even if they do not elect coverage during their military service, they have the right to be reinstated in their employer's health plan when they are reemployed, generally without any waiting periods or exclusions (e.g., pre-existing condition exclusions) except for service-connected illnesses or injuries.
No Discrimination or Retaliation - If an individual: (1) is a past or present member of the uniformed service; (2) has applied for membership in the uniformed service; or (3) is obligated to serve in the uniformed service, then an employer may not deny such person:
- Initial employment;
- Reemployment;
- Retention in employment;
- Promotion; or
- Any benefit of employment
because of such status.
In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection.
Bottom Line - Over 500,000 members of the National Guard and Reserve have been mobilized since the President's declaration of a national emergency following the atacks of September 11, 2001. Congress enacted this notice requirement so that service members, as they conclude their tours of duty and return to civilian employment, will be informed of their USERRA rights, benefits and obligations.
Additional Resources - Employers can obtain additional information about USERRA by visiting the U.S. Department of Labor's special USERRA website or by calling the U.S. Department of Labor at 1-866-487-2365. The DOL's final regulation implementing the new notice requirement is at: final rule
Stinson Morrison Hecker LLP is one of the country's largest law firms with more than 335 attorneys in more than 45-industry-focused areas. If you would like more information regarding this summary, please contact one of our Employment & Labor Law and Employee Benefits attorneys.
Law at Work is designed to give general information and is not intended to be a comprehensive summary or to treat exhaustively the subjects and matters covered. The information appearing herein does not constitute legal advice or opinions. Such advice and opinions are provided only upon engagement with respect to specific factual situations. Nothing contained herein shall be considered as an admission in any matter or controversy.
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