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USERRA Facts, Questions and Answers For Employers
1. Is an employee protected from unlawful discrimination by an employer
based on military affiliation?
Yes. USERRA provides protections for
initial hiring and adverse employment actions by an employer if the action is
motivated even in party by the employee's military service. This protection also
extends to witnesses who assist or testify in a USERRA investigation.
2. Is prior notice to the employer required for leave of absence for
military duty?
Yes. Unless precluded by military
necessity, advance notice must be provided either orally or writing.
Failure to provide notice could result in a denial of the protection of USERRA.
3. What are the rules on contribution to the pension or thrift savings
plan for periods of military leave of absence?
Upon reemployment, the employee has 3
times the length of service (not to exceed 5 years) to make payments and the
employer is liable to fund any resulting obligation of the plan within the same
time frame.
4. Can an employee contribute to the pension plan when on military leave
of absence?
there is no burden under the law for
an employer to continue pension contributions while the employee is away from
the work site. An employer may choose to offer this benefit.
5. What are the rules for the entitlement to health insurance?
For absence of less than 30 days,
benefits continue as if the employee has not been absent. For absence of 31 days
or more, coverage stops unless the employee elects to pay for COBRA-like
coverage (for a period of up to 18 months). Health insurance must be reinstated
the day an employee is reinstated with no waiting period. If the employer cannot
put the employee back to work immediately upon application, the health insurance
must be restored immediately.
6. Does an employee accrue vacation or medical/sick days from the employer
while on military leave of absence?
No. However, as in the previous
question, an employer may choose to offer accrual of vacation or medical/sick
days as an additional benefit. An employer is not required under USERRA to
provide short term compensation (pay, vacation accrual, etc.) when an employee
is not working on the worksite.
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