Nearly twelve years after the current statute was enacted, the U.S. Department of Labor has adopted new regulations providing clarification of the Uniformed Services Employment and Reemployment Rights Act (USERRA). The new regulations became effective January 18, 2006.

USERRA was passed in 1994 to protect employees who voluntarily or involuntarily leave their jobs to enter military service. It generally prohibits employers from discriminating against employees because of their service in the armed services, requires employers to provide unpaid leaves of absences for performance of military obligations, and grants reemployment rights to employees returning from military leave (including a period of protection against discharge without cause). USERRA also gives these employees certain health and pension benefit protections.

Although the new regulations add little substance to existing law, they do provide an explanation of USERRA’s requirements in plain language. They can be accessed on the Department of Labor’s website at www.dol.gov/vets/regs/fedreg/final.

Jonathan E. Duckworth

Back to the Top