New Department of Labor Military Leave Posting Requirement
2005-03/24 Ronald J. Rutlin

On March 10,2005 the Department of Labor issued a new regulation that requires employers topost a notice describing an employee's rights, benefits and obligations underthe Uniformed Services Employment and Re-employment Rights Act or"USERRA." 

USSERRA is thefederal law that provides employment and re-employment rights to employees wholeave their jobs, voluntarily or involuntarily, to serve in the military. Thisincludes Reserve and National Guard service.

Under the new rule, the notice must informemployees of their obligations to request leave, their rights to reinstatement,and their rights to be free from discrimination and retaliation in benefits,discipline, and terms and conditions of employment. The notice must also informthe employees of their rights to health insurance coverage during the period ofa military leave, and upon reinstatment.

Employerscan obtain a poster free of charge by accessing the DOL's Web site.  Employers may also order free printed copies by calling toll free at1-866-4-USA-DOL (1-866-487-2365).

The Department has indicated it will notpenalize employers that failed to post the USERRA notice by March 10, 2005, butit does want prompt compliance. The notice must be posted where employeenotices are customarily posted.

As analternative, however, employers are allowed to distribute the notice toemployees by hand, mail or email. Employers that elect one of thesealternatives should make sure new employees hired after distribution of thenotice are also given acopy.

If you have questions or would like more information, please feel free to contact Ronald Rutlin, or your Ruder Ware attorney at 715.845.4336 .

© 2005 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.
This document provides information of a general nature regarding legislative or other legal developments. None of the information contained herein is intended as legal advice or opinion relative to specific matters, facts, situations, or issues, and additional facts and information or future developments may affect the subjects addressed.