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| Governmental Regulations |
| The Key To USERRA Compliance Is Communication |
As the difficulties in Kosovo and other militarily volatile areas loom over us, understanding the USERRA (The Uniformed Services Employment and Reemployment Rights Act) may take on new priority. Being proactive and making plans for the future may keep your company from being sent into a tailspin if “the switch is thrown” and members of the National Guard and Reserve are mobilized for service.
The USERRA is intended to protect employees from discrimination based on their membership in the National Guard. It is unlawful for an employer to deny “initial employment, reemployment, retention in employment, promotion, or any other benefit of employment” on the basis of membership, or application for membership in the National Guard or Reserves. In addition, new clarifications in the law prevent employers from retaliating against those who exercise their rights under USERRA.” (See United States Code Chapter 43; Title 38; section 4311 (a) and 4311 (c) (1))
The laws are complex and often depend on the number of days of military service required. The crux of the law is that if an employee is called to military duty (whether a scheduled drill, annual training, or after receipt of military orders), the employer must provide accommodation.
Because we are a co-employer to your workers, we are prepared to help you shoulder the burden of USERRA compliance. Contact our Human Resources Department about specific options you have under our co-employment arrangement.
Sources for information about USERRA:
- Your employee’s commanding officer
- The NCESGR (National Committee for Employer Support of the Guard and Reserve). 1-800-336-4590. Their website is www.esgr.org .
Source: Pritchard, Kenneth H. CCP. “The Uniformed Services Employment and Reemployment Rights Act.” SHRM White Paper. http://www.shrm.ort/whitepapers/documents/milleave.asp
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