What employers are covered by USERRA?
(a) USERRA applies to all public and private employers in the United States, regardless of size. For example, an employer with only one employee is covered for purposes of the Act. (b) USERRA applies to foreign employers doing business in the United States.
What is USERRA exemption status?
USERRA provisions provide protection to anyone absent from civilian employment due to uniformed service if a number of conditions are met, one of which is that the cumulative period of service away from one’s current employer does not exceed five years.
How long does USERRA protect my job?
USERRA establishes the cumulative length of time that an individual may be absent from work for military duty and retain reemployment rights to five years (the previous law provided four years of active duty, plus an additional year if it was for the convenience of the Government).
Does USERRA cover part time employees?
Does the Uniformed Service Employment and Reemployment Act (USERRA) apply to part-time employees? Yes, both part-time and probationary employees are covered by USERRA.
What does USERRA cover?
USERRA is a federal statute that protects servicemembers’ and veterans’ civilian employment rights. Among other things, under certain conditions, USERRA requires employers to put individuals back to work in their civilian jobs after military service.
Can USERRA rights be waived?
of the Air Force, 2011 MSPB 99 (November 30, 2011), the Merit Systems Protection Board has held that a federal employee may waive rights to pursue a claimed violation of the Uniform Services Employment and Reemployment Rights Act (USERRA) in a settlement agreement that contained a waiver of all employment disputes.
Is USERRA leave unpaid?
USERRA, which applies to employers of all sizes and types, requires employers to provide up to five years of unpaid leave for military service. Employees must be allowed to continue their group health care benefits for up to 24 months during their leave.
Does USERRA cover basic training?
Yes. Reserve duty and training in any of the five military branches are covered under the Uniformed Services and Reemployment Rights Act of 1994 (USERRA). Covered uniformed service includes: Active or inactive duty for training.
Is Userra leave paid?
USERRA Gets You Paid Military Leave! The Third Circuit Court of Appeals recently held that the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) entitles employees to paid short-term military leave in certain circumstances, following the Seventh Circuit’s similar holding in White v.
Are there any federal regulations that apply to USERRA?
This USERRA QuickSeries reference guide is intended primarily for non-Federal employees and employers. The U.S. Office of Personnel Management has issued regulations that apply specifically to Federal executive agencies. See 5 CFR Part 353.
Who is the Department of Labor that administers USERRA?
The U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) administers the Uniformed Services Employment and Reemployment Rights Act (USERRA).
What does reasonable efforts mean in USERRA Chapter 10?
(10) The term ‘reasonable efforts’, in the case of actions required of an employer under this chapter, means actions, including training provided by an employer, that do not place an undue hardship on the employer.