The 4 USERRA Requirements You Should Know. USERRA prohibits employers from discriminating against any employee or prospective employee because of past, present, or future membership or application for membership in a uniformed service. Read more. However, if the servicemember meets USERRA’s requirements, she is still entitled to reemployment after uniformed service. Under USERRA, Service members are not required to provide documentation to prove an absence was due to uniformed service, unless that service is more than 30 days. When military duties would require an employee to be absent from work for an extended period, during times of acute need, or when—in light of previous leaves—the requested military leave is cumulatively burdensome, the employer may contact the commander of the employee's military unit to determine if the duty could be rescheduled or performed by another member, the DOJ stated. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { notice requirement. Let SHRM Education guide your way. Federal Your Rights Under USERRA Poster Required. Sometimes employees get their jobs back initially but lose them after the grace period expires, Bickford noted. The current VA disability pay rates show compensation for veterans with a disability rating 10% or higher. The returning employee may be underperforming because of post-traumatic stress disorder and returned too soon, he said. Managing Military Leave and Military Family Leave]. There is a grace period following the employee's return during which the individual can be discharged only for cause. A disability need not be permanent to confer rights under USERRA. signing up for a free Military.com membership, Uniformed Services Employment and Reemployment Rights Act - USERRA, You May Be One of the Many Veterans Getting a Big Bill from the VA Next Month, New Law Will Give Gold Star Families Free Park Access, Know A Volunteer Helping Veterans? Section 4311(a) of USERRA says: $('.container-footer').first().hide(); If the workforce is unionized, the escalator provision is easy to comply with—just put the member of the military into a position based on his or her years of service, said Michael Morea, an attorney with Cole Schotz in Hackensack, N.J. Notice is not required if precluded by military necessity or, if the giving of such notice is otherwise impossible or unreasonable. However, employers are free to 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). For a period of 31 to 180 days of military service, the employee must apply for re-employment within 14 days following release. The Uniformed Service Employment and Reemployment Rights Act (USERRA) (310.31KB) Federal and State Notice Requirements. The individual must meet five conditions, or "eligibility criteria." Voluntary service in support of the mission/contingency/military requirement is also exempt. Please confirm that you want to proceed with deleting bookmark. Not necessarily. "Unlike the FMLA [Family and Medical Leave Act] and other employment laws, USERRA applies to all employers regardless of size," she said. An “appropriate officer” is a commissioned, warrant or non-commissioned officer authorized to give such notice by the military service concerned. Accrued seniority, as if continuously employed. Please purchase a SHRM membership before saving bookmarks. Notice of … After a period of service of 181 days or more, the person must submit an application for reemployment not later than 90 days after completion of the period of service. But an employer may not require documentation for notification prior to military duty, the DOJ stated. If an employer demotes or lays off co-workers in the position that an employee held at the beginning of military leave, the company might lawfully demote or lay off him or her. Involuntary service of this type is exempt from the 5-year limit. Coming soon, check out the 2021 US military pay scale charts for all ranks for active duty, as well as Reserve and Guard... Congress and the White House have proposed a 3.0% pay raise for 2021, keeping up with inflation. Please log in as a SHRM member. under USERRA if the military service ends honorably . Under the law, employees returning from military leave are entitled to the job they would have attained had they not spent time serving their country. While much of the attention paid to USERRA is on its requirements for reinstatement, employers should be careful when an employee requests military leave. COBRA will more strictly enforced, but to avoid confusion, an employer can abide by the same notice requirements. Section 4334. $("span.current-site").html("SHRM MENA "); If an employer offers other non-seniority benefits (e.g., holiday pay or life insurance coverage) to employees on furlough or a leave of absence, the employer is required to provide those same benefits to an employee during a period of service in the uniformed services. The recurring requirement to perform inactive duty training, such as a drill, is one instance when written orders may not be formally issued. Wonder how you might do on a SHRM-CP or SHRM-SCP exam? must have had or have applied for a civilian job. "An employer may not discriminate in employment against or take any adverse employment action against any person because such person has taken an action to enforce a protection afforded any person under this chapter, has testified or otherwise made a statement in or in connection with any proceeding under this chapter, has assisted or otherwise participated in an investigation under this chapter, or has exercised a right provided for in this chapter.". Documentation includes: discharge papers, leave and earnings statements, school completion certificate, endorsed orders, or a letter from a proper military authority. The following is a list of Frequently Asked Questions about the Uniformed Services Employment and Reemployment Rights Act (USERRA): Since 1940, there has been a law governing a service member's right to reemployment after completion of military training or service. 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