Returning Veterans and Employment Law
USERRA is the Uniformed Services Employment and Reemployment Rights Act, and is a federal law that details how civilian employment is to be managed when an employee has a period of voluntary or involuntary uniformed military service. In the US, uniformed service includes Army, Navy, Marine Corps, Coast Guard, and Public Health Service Commissioned Corps. The employment and reemployment rights are in effect for periods of active duty, reserve training, military funeral duties, and required administrative work, such as fitness for duty examinations.
The law applies to all US employers, regardless of location of workplace; it covers part-time and full-time employees, as well as probationary employees.
The law basically states that civilian employers are required to give employees their job back when they return from military service. If their job is no longer available, because it has been filled by someone else, a job with a similar level of pay, authority, responsibility, and benefits must be found for the returning service member.
The only time the provisions of this law are waived is in the circumstances of a less than honorable discharge or if the returning service member is incarcerated in a civilian jail.
A servicemember must report back at work within time frames depending on how long he or she was gone. In the event of hospitalization for an injury or illness that occurred during service, a job must be held for at least two years; that time frame may be extended.
If a servicemember sustained a disabling injury during service, and is no longer able to do the civilian job for which he or she was previously capable, employers are required by this law to make reasonable accommodations to provide employment the servicemember is capable of doing.
Hiring, firing, and other job actions cannot be made based on history or potential of military service. This is considered both a violation of USERRA and the EEOC discrimination laws.
Veterans can bring a wealth of experience into the workplace. These laws are designed to protect the rights of citizen-soldiers to resume employment upon their return to civilian life.
- Business (77)
- Company (25)
- Compliance Update (2)
- Customers (1)
- Education (17)
- Employee Benefits (9)
- Finance (2)
- Holiday (5)
- Human Resources (38)
- Legal Updates (2)
- Outsourcing (27)
- Positive Workplace (50)
- Products (3)
- Recruiting (10)
- Risk Management (6)
- Root (1)
- Solutions (39)
- Training (4)
- Wage and Hour (3)
- Wellness (22)
One of the most important aspects of managing a successful team is making sure that there is open communication between all the team members and between them and management. Here are some tips for improving communication in the workplace.
A lot of people think that it isn't necessary to be genuine when you're in business. In fact, they might even think the opposite: that you're more likely to be successful when you're a little cunning or wily. We all see the effects of flattery, backbiting and scheming. It often seems like the way in which you present yourself is more important than the way you really are.
When we see successful people, we are blown away by how confident they are. They seem so casual when they appear on TV or when they're addressing a group of people. They seem to know what they're talking about when they write essays or answer questions in an interview. They carry themselves with ease.