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Featured White Paper:
HR’s Guide to Workers’ Comp

Workers' comp has been a workplace staple for a long time, but it can confound even the most seasoned employers and HR professionals.

Download this FREE White Paper to learn workers' comp basics, including a lexicon of helpful terms, a workers' comp checklist to help you manage the process, and information about your employees' role in workplace safety.

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USERRA Additional
Additional HR Resources

Mastering Health Benefits
This report discusses the emerging issues in health care

USERRA Essentials for HR.
Everything you need to comply with complex rules for returning veterans.

Discover Policy Pitfalls
Audit your workplace policies
before a plaintiff's attorney does

FMLA Compliance
Plain-English help covering
FMLA’s relationship to USERRA

Employment Law Manual
All-new 2012 Edition is fully up-to-date with the latest revisions to FMLA and COBRA and other laws!

USERRA

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that applies to all employers and is enforced by the U.S. Department of Labor (DOL) and the Veterans Employment and Training Service. USERRA prohibits employers from denying any benefit of employment on the basis of an individual’s membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services.

Some states also have laws regarding employment rights for members of the armed services and may include more requirements and restrictions than USERRA, including rights for family members of military personnel.

State-by-state comparison of 50 employment laws in 50 states, including military leave

USERRA also protects the right of veterans, reservists, National Guard members, and certain other members of the uniformed services to reclaim their civilian employment after being absent because of military service or training.

Employees or the attorney general acting on their behalf can sue for lost wages, benefits, reinstatement, attorneys’ fees, or liquidated damages for willful violations.

USERRA allows individuals who leave their jobs to undertake military service and other emergency workers deployed to return to their jobs once their service is over. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, as well as individuals in the process of applying to the uniformed services.

Benefits Complete Compliance – comprehensive online management reference service and reference manual

Employees seeking job or benefits protection under USERRA have a number of responsibilities to their employers and other requirements before they qualify for such protection. Employees must have five years or less of cumulative service in the uniformed services while with any one particular employer; return to work or apply for reemployment in a timely manner after conclusion of service; and must not have been dishonorably discharged.

But the door swings both ways – because when an employee meets the USERRA requirements, employers must restore the employee’s job and benefits that would have been attained if the employee hadn’t been absent because of the stint in military service.

Employers also must be wary of violating USERRA by discriminating against applicants or current employees. Retaliating against such employees, which includes testifying or making a statement in connection with a proceeding under USERRA, also is strictly forbidden and punishable under the Act. That applies even to individuals who haven’t served in the military.

Basic Training for Supervisors: easy-to-read guides to avoid legal hazards, including military service and USERRA