Just a few weeks before the end of 2004, President George W. Bush signed a new federal law that significantly increases workplace protections for employees on military leave and places new burdens on their employers.
With the prolonging conflict in Iraq continuing to require the deployment of new troops, employers need to understand their obligations to enlisted personnel they may employ.
On December 10, 2004, President Bush signed a new law that amends portions of the existing Uniformed Services Employment and Reemployment Rights Act (USERRA). Among other things, the new law requires employers to provide an annual notice of USERRA rights and obligations to all affected employees. Below is an overview of certain rights provided uniformed service personnel under USERRA.
Right to Group Health Coverage
Employers are now obligated to give employees called up to military duty an opportunity to continue group health coverage for themselves, spouses and dependents for up to 24 months. This eligibility is provided for individuals electing coverage beginning on and after December 10, 2004.
Employment Rights
In general, an employee returning from military duty is entitled to reemployment in his or her original position - or one of comparable seniority, status and pay - unless conditions in that workplace have changed so dramatically that reemployment would be "impossible" or "unreasonable." For example, if a soldier's job is eliminated in a downsizing, the employer is not required to create a new one.
The Escalator Principle
When reemployed, the returning workers are to be placed on the seniority scale not just at the place where they left, but in the position they most likely would have attained had they stayed on the job.
Vacation and Benefits
If the company grants employees vacation days based on years of service, the returning soldier's benefit must be calculated as if he or she never left. If your retirement plan has a specific vesting schedule, the returning employee must be credited with the time spent on active duty.
Discrimination is Prohibited
Employers may not discriminate or retaliate against any individual – in the hiring process or in any aspect of employment – based on that individual's membership in, application for, or performance in a uniformed service.
For more information about employers' USERRA obligations, go to http://www.dol.gov/elaws/userra.html.
