Familiarity with Uniformed Services Reemployment Rights Act Important Factor for Companies Employing Uniformed Services Employees

A looming war with Iraq is requiring and will continue to require many active military personnel. The effects of the deployment of active personnel will have an impact on many businesses and employers throughout the nation. As several thousand uniformed services personnel are called back to duty around the nation, employers should be aware of factors and rights involved in the deployment of employees who are active in the uniformed services. The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 establishes employment and reemployment rights for uniformed service members.

(Spokane, WA): As several thousand uniformed services personnel are called back to duty in Washington and Idaho and around the nation, employers should be aware of factors and rights involved in the deployment of employees who are active in the uniformed services. The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 establishes employment and reemployment rights for uniformed service members.

USERRA prohibits employers from discrimination in any aspect of employment, hiring, firing, reemployment, promotion and benefits due to an individuals past, present or future military obligation.

"In light of current international events, were advising employers to have a military leave policy in place and to be familiar with the areas of the law," said Patrick Kirby, an associate at Dunn & Black, P.S., specializing in labor and employment management, employment benefits and commercial litigation, and himself a former lieutenant in the U.S. Navy. Kirby and Dunn & Black, P.S. focus their practice on representing employers and a wide variety of employment and labor law issues.

USERRA treats the employee as being on furlough or a leave of absence while performing uniformed service. It requires that returning service members be offered their former job upon their return from military service. A variety of factors and provisions apply to USERRA affecting both service members and their employers.

"The employer plan should include information regarding pay (compensation), health insurance coverage, pensions, vacation, training, and job restoration policies," said Kirby. "Exceptions do apply, but the bottom line is that employers must reemploy returning service members in the position they left. Provisions allow employees to earn vacation credits while absent, continue employer-sponsored health care and pension plans and be eligible for promotions had they not been absent for military service."

USERRA prohibits employment discrimination against a person on the basis of past military service, current military obligations, or an intent to serve.

Unlike other employment laws that apply to employers with a certain number of employees, USERRA applies to virtually all employers, regardless of their size. Employees who take military leave are required to give their employer advance notice unless impossible or precluded by military necessity. The required notice may be given either orally or in writing and may be provided by the employees military branch. USERRA establishes a five-year cumulative total on military service with a single employer, with certain exceptions allowed for situations such as call-ups during emergencies, reserve drills and annually scheduled active duty for training.

Dunn & Black, P.S., headquartered in Spokane, Wash., is a regional law firm concentrating primarily in construction and government procurement law, employment and labor law, and civil litigation. The firm currently has seven lawyers representing clients at the local, state and federal level throughout the western United States. For detailed information about Dunn & Black, P.S., visit their Web site at www.dunnandblack.com.

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Contact: Susan Nielsen, Strategic Niche, 509/462-5400, 509/991-9151 (cell), susan@strategicniche.com
Patrick Kirby, Dunn & Black, 509/455-8711