Last December President Bush signed into law the Veterans Benefits Improvement Act (VBIA) that amended the Uniformed Services Employment and Reemployment Rights Act (USERRA). VBIA requires all employers, private and public, to provide a written notice of rights, benefits and obligations concerning those who have served, are serving, or may serve in the uniformed services (military). The Department Of Labor (DOL) issued the required poster in February, retracted it, and has now issued it again.

The USERRA poster is now available at www.dol.gov/vets/programs/userra/poster.pdf. Employers may obtain detailed information about USERRA by calling 1-866-4-USA-DOL or by visiting www.dol.gov/vets/programs/userra.

The VBIA mandates that employers provide the new notice to "all persons entitled to rights and benefits under USERRA." Employers may meet this obligation by posting the notice in a prominent place where employees customarily check for such information.

The revised USERRA significantly strengthens and expands the employment and reemployment rights of all uniformed service members. USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service. The law also prohibits employers from discriminating against past and present members of the uniformed services and applicants to the uniformed services.

To comply with USERRA and VBIA, employers should:

   • Grant requests for military leave. The maximum service limit for coverage is five years.
   • Promptly reinstate persons returning from military leave to the job they would have held if they had remained continuously employed.
   • Allow the use of annual vacation, or other similarly accumulated leave while performing uniformed service.
   • If currently provided, allow continuation of health benefits.
   • Post the new poster in your workplace where it can be seen by employees.

If you have any questions about any information presented here, please give us a call or send us an email.