New Department of Labor Military Leave Posting Requirement

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March 24, 2005

On March 10,2005 the Department of Labor issued a new regulation that requires employers to post a notice describing an employee’s rights, benefits and obligations under the Uniformed Services Employment and Re-employment Rights Act or “USERRA.”
USSERRA is the federal law that provides employment and re-employment rights to employees who leave their jobs, voluntarily or involuntarily, to serve in the military. This includes Reserve and National Guard service.
 
Under the new rule, the notice must inform employees 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 inform the employees of their rights to health insurance coverage during the period of a military leave, and upon reinstatement.
 
Employers can obtain a poster free of charge by accessing the DOL’s Web site. Employers may also order free printed copies by calling toll free at 1-866-4-USA-DOL (1-866-487-2365).
 
The Department has indicated it will not penalize employers that failed to post the USERRA notice by March 10, 2005, but it does want prompt compliance. The notice must be posted where employee notices are customarily posted.
As an alternative, however, employers are allowed to distribute the notice to employees by hand, mail or email. Employers that elect one of these alternatives should make sure new employees hired after distribution of the notice are also given a copy.
If you have questions regarding the above, please contact any of the attorneys in the Employment, Benefits & Labor Relations Practice Group of Ruder Ware.

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