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USERRA and Your Business

USERRA stands for the Uniformed Services Employment and Reemployment Rights Act. This act protects the employment, benefits, and rights of employees in the uniformed services.

Employers with businesses in the United States must display the Your Rights Under USERRA notice or distribute it to their employees. Distribution methods may include written notification such as postal mail, email, or handing out the notice. Whatever distribution method is used needs to be fully informative.

Poster Compliance Center includes the Your Rights Under USERRA notice on the Federal Labor Law Poster for the convenience of our customers. 

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Who is protected under USERRA?

Under USERRA, the jobs of individuals who leave their positions of employment to enter into military service for the United States of America (either voluntarily or involuntarily) are protected. This protection also applies to individuals who leave their jobs to serve in the National Disaster Medical System.

What's included

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 USERRA or any individual who helps another individual retain those rights.

 

Enforcement of USERRA

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.

Which employers must be USERRA compliant?

All employers in the United States, regardless of size, must abide by the principles of the USERRA rights and benefits law. Employers who don’t abide by the principles of this law are subject to investigation by the Veterans Employment and Training Service, the U.S. Department of Justice, the U.S. Department of Labor, or the Office of Special Counsel. If a determination of violation is established, legal action may be taken against the company at fault. In addition, employers are required to inform employees of their rights under USERRA by displaying or distributing the USERRA notice.

USERRA posting options

The USERRA notice is included on Poster Compliance Center’s Federal Labor Law Poster, which also contains other required federal notices. It’s the easiest way to fulfill all your mandatory federal posting requirements. 

Questions or concerns? Call one of our poster experts today at (800) 322-3636.

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