_DOL Issues Regulations Addressing
USERRA
_Rights and Responsibilities
For the first time, the United States Department of Labor's Veterans
Employment and Training Service (VETS) has issued regulations explaining
employee rights and employer responsibilities under the Uniformed
Services Employment and Reemployment Rights Act (USERRA). The
regulations were originally proposed in September 2004. The final
version, which reflects changes suggested by parties commenting on the
proposed regulations, was published in the Federal Register on December
19, 2005 and becomes effective on January 18, 2006.
The new regulations are written in "Question and Answer" style and
purport to be in "plain English." The regulations clarify rights granted
to persons serving in the military by USERRA as well as responsibilities
placed upon employers, and provide guidance concerning several
previously-murky issues. For example, the regulations speak to the
precise meaning of the obligation of an employer to "promptly" reemploy
a returning service member employee, providing that in most cases the
employer will be required to reemploy that person within 2 weeks after
the employee applies for reemployment (although the answer is different
for weekend duty in the National Guard or for very lengthy periods of
active duty). In addition, the regulations provide guidance on the
tricky question of whether a returning employee is entitled to "merit
pay" increases during the period of military service (applying a
"reasonable certainty" standard).
The new USERRA regulations are available on the
VETS website.
_DOL Issues Revised Final Poster
Regarding
_USERRA Rights
The DOL has also issued the final version of the notice of USERRA rights
required under the Veterans' Benefits Improvement Act of 2004 (VBIA).
The notice, in poster form, was originally issued in March 2005. The new
(final) version, dated December 2005, has been changed to notify
employees that service in the National Disaster Medical System may
afford USERRA protections. The poster is available at the
DOL website.
For
more information on USERRA or
other employment law issues, contact Bill Hanna,
Patti Weisberg or the Walter & Haverfield LLP attorney with whom you
usually work.