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Employers Have New USERRA Obligations ( March 2005 )
President Bush recently signed the Veterans Benefit Improvement Act (VBIA) of 2004. One of VBIA's key provisions allows employees on military leave to continue coverage in their employer's health plan for up to 24 months instead of 18, as before. Another key provision requires employers to annually provide employees with notice of their rights, benefits and obligations under the Uniformed Services Employment and Reemployment Rights Act (USERRA). -
An Overview for Employers of the Uniformed Services Employment and Re-employment Rights Act ( January 2003 )
The failure to follow USERRA can have serious consequences for employers, and therefore, all employers should make sure that their current policies, handbooks and most importantly, their current practices when dealing with an employee called to fulfill his/her military obligation, are in compliance with USERRA. -
Department of Labor Pulls USERRA Notice Poster; Compliant Poster to Be Available on March 10, 2005 ( May 2005 )
On Thursday, March 3, 2005, the United States Department of Labor, Veterans' Employment and Training Service ("VETS"), removed from its website a poster designed to satisfy new notice requirements under the federal statute dealing with military leave rights, the Uniformed Services Employment and Reemployment Rights Act ("USERRA"). VETS has given no reason why the poster was removed, but has stated that a revised poster will be ready for downloading by March 10, 2005. -
DOL Proposes Regulations to Provide Guidance on Implementing USERRA ( February 2005 )
On September 20, 2004, the United States Department of Labor ("DOL") issued proposed rules interpreting the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA" or "the Act"). USERRA is the primary federal law that provides employment and benefit protection for employees who are absent from work because of military service. -
Navigating the Military Leave Minefield ( March 2003 )
As our country prepares for war, employers may be faced with the question of how to deal with employees who may volunteer for or be called to active duty. What is your obligation to provide leave to these employees? Under what circumstances and for how long are you required to reemploy them? And what rights do they have to continue participating in your benefit plans while they are on leave? -
USERRA Obligations for Employees Called to Active Military Duty ( March 2003 )
To fight the war on terrorism and to address specific concerns in Iraq, North Korea and Iran, the U.S. armed forces have called to active duty thousands of reservists and National Guard troops (over 160,000 as of March 2003). A significant number of these individuals were employed in private or public sector jobs which they had to leave to enter the armed forces. -
Employer Obligations to Employees Serving in the Armed Forces: How the USERRA Affects You ( February 2003 )
In wake of the mobilization of our military for war, employers should refresh their understanding of their legal responsibilities under the Uniformed Services Employment and Re-employment Rights Act ("USERRA"). This federal law, passed in 1994, expands civilian employment rights of veterans and reservists placing complex and stringent requirements on their employment relationships. -
Military Leave Requirements ( December 2002 )
Under the Uniformed Services Employment and Reemployment Rights Act of 1994, employees are entitled to five years' cumulative leave for "service in the uniformed services." Except for the "most favored treatment" rule, the leave need not be paid. (There is no prohibition on pay during the leave.) Employees may, but cannot be required to, use accumulated vacation pay during the leave. -
Does a Social Security Mis-Match Letter Obligate an Employer to Re-Verify an Employee's Employment Eligibility Status? MaybeÃÂ ( September 2002 )
Because of a recent change in government policy, however, SSA is now sending mis-match letters to employers whose wage reports reflect any mismatch with SSA records. This means employers nationwide are far more likely to receive such letters than in prior years.