The USERRA rights and benefits notice includes specific details about reemployment rights. It also includes an explanation about health insurance protection and anti-discrimination rights for uniformed service members. The USERRA notice provides resources for uniformed service members who are having employment difficulties. The notification also provides resources for individuals whose rights have been violated under USERRA. The USERRA notice contains detailed information on the following topics:
Reemployment Rights
Individuals who leave to go into the uniformed services have a right to their previous position at their previous place of employment once they return from their service duty. In order to qualify to regain their position, individuals who leave for the uniformed services must provide either written or verbal notice in advance of their service duty. Individuals trying to regain their civilian employment must also have less than five years of service in the uniformed services while with that particular employer and they must return to their civilian job in a timely manner after leaving the uniformed services. Lastly, in order to regain a civilian position, these individuals must be in good standing with the uniformed services.
Health Insurance Protection
Individuals who leave their civilian employment to perform military service have the option to retain coverage from their civilian employment health insurance plan for themselves and their dependents. Coverage may last up to 24 months after leaving their place of civilian employment.
Right Against Discrimination and Retaliation
Your employer may not discriminate or retaliate against you as a past or present member or applicant of the uniformed service, including in initial employment, reemployment, employment retention, promotion, or benefits. Employers must not discriminate against veterans with disabilities. Employers may not retaliate against any individual seeking rights under Uniformed Services Employment and Reemployment Rights Act or any individual who helps another individual retain those rights.
Enforcement
Individuals who believe their rights have been violated by an employer may file a complaint with the Veterans Employment and Training Service (VETS). Violations may be investigated and civil action charges may be taken.