Print

Final USERRA Regulations Published

Volume 5, Issue 5
May 9, 2006

The Department of Labor ("DOL") has published the final regulations interpreting the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"). The Regulations provide guidance to employers on the Act's specific requirements and were drafted in a question and answer format to make them easier to understand. The DOL has clarified certain provisions of USERRA, such as how quickly a returning service member should be returned to work, the timetables and procedures that service members must follow when reporting back to work, reinstatement rights of returning disabled employees, and the law's requirements with respect to health and pension plan benefits, both during service and upon return from service. The Regulations also made final an interim rule on posting requirements published in March 2005, which requires employers to provide employees with notice of their rights, benefits and obligations under USERRA. A Poster entitled "Your Rights Under USERRA" can be obtained from the DOL website and should be posted where employee notices are customarily placed.

The Regulations can be found at:
http://www.dol.gov/vets/regs/fedreg/final/2005023961.htm#20cfr1002.a

Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.