Veterans' Workplace Rights

 
The Uniformed Services Employment and Re-Employment Rights Act of 1994 (USERRA) is a comprehensive law which sets forth the rights of our citizen soldiers in the workplace, as well as the obligations of employers toward both employees who are citizen soldiers and veterans returning to the civilian workplace.  USERRA applies to all employers regardless of their size. 

Campbell & Associates assists both employers and veterans in understanding their respective responsibilities and rights under USERRA.  Employers and returning veterans need clear guidance regarding USERRA requirements in the areas of: 

•  re-employment rights of returning veterans;
•  obligations of employers to hold a veteran’s job open or re-employ him/her in a similar position upon return from military duties;
•  employers’ obligations to post Notices of USERRA rights;
•  entitlement to protection under USERRA for “service in the uniformed services”;
•  returning veterans' obligations to their employers;
•  USERRA responsibilities of individual supervisors and managers who have control over employment opportunities;
•  seniority, status, pay and promotion rights of returning veterans;
•  pension plan protection, vesting and benefits for returning veterans; and
•  entitlement to health benefits for citizen soldiers and their families.



FMLA Military Family Leave 

As of January 28, 2008, the Family Medical Leave Act has been expanded to cover family members of military personnel.  Effective immediately, an employee may take up to 26 weeks of unpaid leave, in a 12 month period, to care for a close family member who was seriously injured while on active duty in the United States military. “Service Member Family Leave” is available to spouses, children, parents and the injured serviceperson’s “nearest blood relative.”

New regulations also permit an employee 12 weeks of leave due to “any qualifying exigency...arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation (specified military operation).” 

Although the “exigency” leave provisions do not officially take effect until the Department of Labor (DOL) issues a definition of “qualifying exigency” and promulgates relevant regulations, the DOL has urged employers to begin offering exigency leave now.  Employers should use their best “good faith” efforts to extend this sort of leave to employees who face difficulties because their spouses, children or parents have been called to active duty.

As with other types of family leave, an employee who wishes to take military family leave must notify his or her employer in a “reasonable and practicable” manner.  The Act does not specify what is “reasonable and practicable”, but does not permit the employer to require certification from the employee requesting military family leave.

Campbell & Associates urges employers and veterans who are not sure of their obligations and rights under USERRA to contact our Long Island, New York office for a consultation at 516-352-0300.