What are my rights under USERRA?
What are my rights under USERRA?
USERRA gives an employee the right to elect continued health insurance coverage, for themself and their dependents, during periods of military service. For periods of up to 30 days of training or service, the employer can require the person to pay only the normal employee share, if any, of the cost of such coverage.
Can my employer deny my military leave?
No. As stated previously, an employer may not require documentation for notification prior to military duty. Further, an employer does not have a”right of refusal” for military leave of absence, so long as the employee has not exceeded the 5 years of cumulative service provided under USERRA.
What is USERRA rights and benefits notice?
NOTE: 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.
What happens if an employer violates USERRA?
Penalties for USERRA violations can result in the payment of lost wages and/or benefits. Attorney’s fees are also awarded to the prevailing party. In addition, liquidated damages may be available for willful violations.
Is USERRA poster required?
Federal Your Rights Under USERRA Poster Required The Your Rights Under USERRA is a workplace posters poster by the Federal Department Of Labor. This is a mandatory posting for all employers in the United States, and businesses who fail to comply may be subject to fines or sanctions.
What is USERRA leave?
USERRA stands for the Uniformed Services Employment and Reemployment Rights Act. USERRA is meant to help service members find and keep civilian jobs. All employers must follow the USERRA military leave policy. There is no minimum number of workers you must employ before allowing employees to use military leave.
Is Userra leave paid?
USERRA Gets You Paid Military Leave! The Third Circuit Court of Appeals recently held that the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) entitles employees to paid short-term military leave in certain circumstances, following the Seventh Circuit’s similar holding in White v.
Can an employee use PTO while on military leave?
The use of paid time off/vacation benefits is the employee’s choice for military-related absences. An employer is prohibited from requiring employees to use their leave benefits for a military absence; however, the employer must allow the use of paid leave if an employee requests it.
Is USERRA leave paid?
What agency enforces USERRA?
The U.S. Department of Labor
The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations. For assistance in filing a complaint, or for any other information on USERRA, contact VETS at 1-866-4-USA-DOL or visit its website at www.dol.gov/agencies/vets.
Is USERRA a federal law?
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law, passed in 1994, that protects military service members and veterans from employment discrimination on the basis of their service, and allows them to regain their civilian jobs following a period of uniformed service.
How long is Userra leave?
five
The employment protections under USERRA let employees take up to five cumulative years of military leave. Employees can use this time for both training and extended military service. After five years, the military leave policy no longer applies to your relationship with that employee.
