USERRA
The Compliance Office administers USERRA Qualifying Events on your behalf if reported properly in the TCO/BPM System. This section is provided to assist you in identifying situations which require reporting. Please contact The Compliance Office if you have any questions concerning USERRA compliance issues.
The Uniformed Services Employment and Reemployment Rights Act (USERRA)
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed into law on October 13, 1994. USERRA clarifies and strengthens the Veterans' Reemployment Rights (VRR) Statute. The Act itself can be found in the United States Code at Chapter 43, Part III, Title 38.
The Department of Labor has issued regulations that clarify its position on the rights of returning service members to family and medical leave under the Uniformed Services Employment and Reemployment Rights Act (USERRA). See 20 CFR Part 1002.210.
USERRA is intended to minimize the disadvantages to an individual that occur when that person needs to be absent from his or her civilian employment to serve in this country's uniformed services. USERRA makes major improvements in protecting service member rights and benefits by clarifying the law and improving enforcement mechanisms. It also provides employees with Department of Labor assistance in processing claims.
USERRA covers virtually every individual in the country
who serves in or has served in the uniformed services and
applies to all employers, regardless of size, in the public
and private sectors, including Federal employers. The law
seeks to ensure that those who serve their country can
retain their civilian employment and benefits, and can seek
employment free from discrimination because of their
service. USERRA provides protection for disabled veterans,
requiring employers to make reasonable efforts to
accommodate the disability.
USERRA is administered by the United States Department of
Labor, through the
Veterans' Employment and Training Service (VETS). VETS
provides assistance to those persons experiencing service
connected problems with their civilian employment and
provides information about the Act to employers. VETS also
assists veterans who have questions regarding Veterans'
Preference. For more information, please visit the
Veterans’
Preference Advisor.
This USERRA Advisor has been designed to
answer questions about the rights and responsibilities for
both the employee and employer. For additional information,
please contact your
local VETS office.
Employer Issues
The Department of Labor's
USERRA Advisor site provides you will valuable information
about USERRA and how it applies to you as an employer.
For more detailed information follow the links provided
below.
What are my obligations as an employer?
How does USERRA affect the benefits I provide to my employees?
What remedies does USERRA offer my employees?
What employment actions constitute discrimination under USERRA?
IMPORTANT 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. Employers may provide the notice, “Your Rights Under USERRA”, by posting it where employee notices are customarily placed. 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).