A new required poster for private sector and state government employers is now available in PDF format at http://www.dol.gov/vets/programs/userra/USERRA_Private.pdf.

A brief overview and summary of the final rules is provided below. For details, please refer to the full text, which you can access through the Federal Register home page. Go to http://www.gpoaccess.gov/fr/ and look for document 75246 in Volume 70 of the Federal Register. The 69-page document outlines all the details of the final rules for administering USERRA.

OVERVIEW AND SUMMARY

1. Employer's obligation to provide notice of rights and benefits under USERRA:

*Each employer shall provide to persons entitled to rights and benefits under USERRA a notice of the rights, benefits..."

*The notice can be provided by use of the new poster (see DOL website address above), "Your Rights Under USERRA" for private sector and state government employers.

*Federal Executive Agencies have a slightly different poster/notice requirement.

2. Re-employment Rights:

*Advance written or verbal notice of service is required from the employee.

*Applies to employees with five years or less of cumulative service with the uniformed services.

*Employees who are dishonorably discharged do not qualify.

*If the above requirements are met, the individual must be restored to the job or, in some cases, to a comparable job, and to the benefits the employee would have attained if not absent due to military service.

3. Right to be Free from Discrimination and Retaliation

*If an individual is obligated to serve in the uniformed service, an employer may not deny them:

- Initial employment;

- Re-employment;

- Retention in employment;

- Promotion; or,

- Any benefit of employment.

*An employer may not retaliate against anyone assisting or testifying regarding the enforcement of USERRA rights.

4. Health Insurance Protection

If an employee leaves their job to perform military service, he/she has the right to:

*Elect to continue existing employer-based health plan coverage for self and dependents for up to 24 months while in the military.

*Be reinstated in the employer's health plan when re-employed, even if the employee does not elect to continue coverage during military service.

Generally, no waiting periods or exclusions (e.g. pre-existing conditions) apply, except for service-connected illnesses or injuries.

Helpful Links

For assistance in filing a complaint, or for other USERRA information, go to http://www.dol.gov/vets.