Does USERRA apply to training?
USERRA also requires that reasonable efforts (such as training or retraining) be made to enable returning service members to refresh or upgrade their skills to help them qualify for reemployment.
What does USERRA require of employers?
Among other things, under certain conditions, USERRA requires employers to put individuals back to work in their civilian jobs after military service. USERRA also protects servicemembers from discrimination in the workplace based on their military service or affiliation.
What responsibility does your employer have after you return from military service?
USERRA requires an employer to promptly reemploy you when you return from military service. The employer must put you back into the same position, and you may also be entitled to advancement to a higher position that you would have obtained had you never left. This is called the “escalator position.”
Does USERRA require an employer to provide benefits to employees with military obligations that are not made available to other employees?
Although USERRA does not require employers to pay their employees during military duty, employers must consider exempt salary basis rules under the Fair Labor Standards Act (FLSA) for exempt employees missing partial workweeks due to military service.
Is basic training covered under Userra?
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 duty (including absences for examination to determine an individual’s fitness for duty).
Are employers required to pay employees on military leave?
Generally, only public employers are required to pay for any part of military leave. Private employers may grant annual leave with or without pay and may pay for all or part of the leave. In the case of active duty leave, the employer may adopt a policy of paying the difference between civilian pay and military pay.
Can you terminate an employee on military leave?
Prevent firing without cause – In addition to being protected from discrimination, employees who take military leave of absence are also protected from retaliation. Employers cannot fire an employee because of military leave.
Does an employer have to hold your job if you join the military?
Basic protections under the law include: Employers may not deny employment, reemployment, retention in employment, promotion or any other benefit of employment because of past or present membership in the armed forces or intent to join the military. Employers must grant time off for military duty.
Is basic training covered under USERRA?
Can employer ask for military orders?
Can an employer require an employee to produce military orders before granting a military leave of absence? No. The Uniformed Services Employment and Reemployment Rights Act (USSERA) requires that an employee or a responsible military official provide advance notice to the employer of military service.
Does Userra apply to all employers?
The U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) administers the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA applies to virtually all employers, regardless of size, including the Federal Government.
Does an employer have to pay an employee while on military leave?
There is no requirement under the Uniformed Services Employment and Reemployment Rights Act (USERRA) to pay a nonexempt employee for a military-related absence. There is no requirement to pay exempt employees when they are absent for a full workweek and perform no work during the week.
What do you need to know about USERRA employment law?
USERRA prohibits employment discrimination against a person on the basis of past military service, current military obligations, or intent to serve. An employer must not deny initial employment, reemployment, retention in employment, promotion, or any benefit of employment to a person on the basis of a past, present, or future service obligation.
Can a employer take USERRA into account when firing an employee?
Actively engaged in civilian employment. USERRA protects members of the uniformed services during employment. Employers cannot take military service into account when they fire, discipline, promote, or award benefits to employees.
When do you have to complete USERRA training?
• Employees subject to the mandatory OPM-approved USERRA training requirements include human resource professionals, hiring managers, and any employee involved in interview panels, review boards, etc. • Agency employees must complete the mandatory USERRA training by July 31st of each fiscal year.
How long does an employee have to be on active duty under USERRA?
USERRA also allows an employee to complete an initial period of active duty that exceeds five years. Employers are required to provide to persons entitled to the rights and benefits under USERRA a notice of the rights, benefits, and obligations of such persons and such employers under USERRA. Am I covered by USERRA?