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Under the Veterans
Benefits Improvement Act of 2004, employers now must notify all
employees of their rights, benefits and obligations under the
Uniformed Services Employment and Reemployment Act (USERRA).
USERRA is designed to provide job security and benefits to
civilian employees who leave their civilian job to perform
military service.
To fulfill the notification
requirement, an employer can post "in a prominent place where
employees customarily check for such information" or
distribute by hand, email or mail a new poster, recently released
by the Department of Labor. The poster is available at: www.dol.gov/vets/programs/userra/poster.htm.
This notification requirement became effective March 10, 2005.
The Department of Labor has
emphasized in recent months its commitment to full compliance with
USERRA, which has become a more prominent issue for employers in
recent years with a greater number of military deployments.
Congress, too, has focused on providing members of the military
with greater protection in their civilian jobs. Another portion of
the Veterans Benefits Improvement Act of 2004 requires employers
to maintain health care coverage for members of the military and
their families for twenty-four months; previously, an employer’s
obligation lasted for only eighteen months.
If you are facing any issues
involving your obligations with respect to employment or
employment benefits for employees who are called to or returning
from military service, please contact Susie
Gibbons at 919.783.2813 or sgibbons@poynerspruill.com.
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