What Employers Need to Know About the USERRA Poster
The Uniformed Services Employment and Reemployments Rights Act (USERRA) is a federal law that provides employment protection to military service members. This law applies to virtually all private and public employers, regardless of size.
Along with granting certain employment protections to employees who serve in the military, USERRA requires employers to notify all employees of these rights. This legal requirement is easily met by displaying the USERRA poster in the workplace.
Here’s what USERRA covers, and what you must do ensure compliance with the law and the related posting requirement.
Employer Obligations Under USERRA
USERRA helps military service members maintain their civilian jobs and benefits and protects them from job discrimination because of their service. Under this law, employers must:
- Allow a leave of absence to an employee who is called to military service
- Re-employ any service member who misses work for five years or less due to their service
- Maintain the service member’s job and benefits he or she would have attained, with reasonable certainty, if continuously employed
- Allow employees to continue the employer-based health plan coverage for two years while in the military and/or reinstate coverage upon reemployment
The law applies to anyone who serves, voluntarily or involuntarily, in the Army, Navy, Marine Corps, Air Force, Coast Guard and Public Health Service commissioned corps (as well as the reserve for each). This includes active duty, various types of training, and funeral honors duty performed by National Guard and reserve members.
USERRA is administered and enforced by the Veterans’ Employment and Training Service of the U.S. Department of Labor (DOL).
How to Meet USERRA Notification Requirements
Federal law requires employers to notify employees of their rights and benefits under USERRA. The USERRA poster, titled “Your Rights Under USERRA,” informs applicants and employees of the necessary information. In four sections, it outlines:
- Reemployment rights
- Right to be free from discrimination and retaliation
- Health insurance protection
The poster should be displayed where employees and job applicants can readily see it. This means a prominent and conspicuous place that is highly visible to the most individuals possible. In certain cases, the notice can be distributed via electronic mail, as well.
Easily Meet All Federal Posting Requirements
The Poster Guard® Compliance Protection base service includes a current USERRA posting, along with all other mandatory federal, state, county and city postings that apply to most employers. You’ll receive a complete, up-to-date poster set upon enrollment, as well as replacement posters every time a mandatory change occurs — automatically, free of charge — for a full year.