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New USERRA Employer Responsibilities Go Into Effect in 2006



Veterans, and members of the National Disaster Medical System (NDMS) - a section of the U.S. Department of Homeland Security, Federal Emergency Management Agency, Response Division and Operations Branch - now qualify for the same protections under The Uniformed Services Employment and Reemployment Rights Act (USERRA).

USERRA - enacted in 1994 - bans employers from discriminating against any member of the Armed Forces Reserve, the National Guard or other uniformed services. Effective Jan. 18, a new "final rule" will require employers to officially inform employees who are NDMS members that they also are eligible for the same rights and protections as servicemembers, according to a press release.

Those protections dictate that no employer can limit or deny employment benefits based on membership or obligation to the armed services. This new amendment is the second change to USERRA in two years.

In December 2004, President Bush pushed for the first change in USERRA when he signed an amendment that requires employers - regardless of the size of the company - to give employees job and health insurance protections if they enter or return from the military service.

Also, employers cannot deny veterans employment benefits on the basis of his affiliation or obligation for service in the armed services. USERRA allows veterans, National Guard members, and other servicemembers to reclaim their civilian employment after returning from deployment or training, according to an U.S. Office of Special Counsel report.

Other USERRA rights include:

• Employment Rights: An employee returning from military duty entitled to reemployment in his or her former position - or one of comparable seniority, status and pay.



• Escalator Principle: When a veteran is reemployed, he or she should be placed on the seniority scale not just at the place where they left, but in the position they would be in had they stayed.



• Vacations and Benefits: Vacation days based on years of service must be calculated as if the veteran never left his or her job.