USERRA Posting Requirements

Employers are required to provide to persons entitled to the rights and benefits under the Uniformed Services Employment and Reemployment Rights Act (USERRA), a notice of the rights, benefits, and obligations of such persons and such employers under USERRA. Employers are required to post this notice in a conspicuous place or in a frequently visited area of their office where all employees can view it. Employers with staff members who telecommute and do not regularly have access to physical inner-office postings must be provided an electronic version of this form. Note: electronic notifications are not acceptable replacements for hard-copy posters in office locations where posters are legally required to be posted.

 

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Who Is Covered?

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 this law by displaying or distributing the notice.

Your Rights Under USERRA

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is a Federal law that establishes rights and responsibilities for uniformed service members and their civilian employers. This act protects the employment, benefits, and rights of employees in the uniformed services.

Reemployment Rights

Uniformed Service members have the right to be reemployed at their civilian job should they leave that job to perform service in the uniformed service and:

  • Has provided their employer advance written or verbal notice of their service
  • Has five years or less of cumulative service in the uniformed services while with that particular employer
  • Has returned to work or applied for reemployment in a timely manner after the conclusion of service
  • Has not been separated from service with a disqualifying discharge other than honorable conditions. If the individual is eligible to be reemployed, the employer must restore the employee back to their job and benefits they would have attained if they had not been absent due to military service or, in some cases, a comparable job.

 

Protections Against Discrimination and Retaliation

If you:

  • are a past or present member of the uniformed service
  • applied for membership in the uniformed service
  • are obligated to serve in the uniformed service then an employer may not deny you:
    • initial employment;
    • reemployment;
    • retention in employment;
    • promotion; or
    • any benefit of employment because of this 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.

 

Health Insurance Protection

If a service member leaves their job to perform military service, they have the right to elect to continue their existing employer-based health plan coverage for both themself and their dependents for up to 24 months while in the military.

  • Even if they don’t elect to continue coverage during your military service, they have the right to be reinstated in the employer’s health plan when they are reemployed. This generally goes without any waiting periods or exclusions (e.g., pre-existing condition exclusions) except for service-connected illnesses or injuries.

 

Enforcement

The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations.

What's Included on Our Poster

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.