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From: United States Department of Labor [compliancehelp@dol.gov]
Sent: Monday, December 19, 2005 5:47 PM
To: compliancehelp@dol.gov
Subject: New USERRA Regulations Issued

This bulletin was sent to the following groups of people: Subscribers of Compliance Assistance Home Page Item, ELAWS - Employment Laws Assistance for Workers & Small Businesses Item

The E-mail bulletin follows:

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The Veterans Employment and Training Service (VETS) issued a final rule on December 19, 2005 to make the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and its protections more readily understandable by employers and service members. USERRA provides employment and reemployment rights for members of the uniformed services, including veterans, reservists and National Guard members. Under USERRA, service members who leave their civilian jobs for military service are able to return to their jobs with the same pay, benefits and status they would have attained had they not been away on duty. USERRA also protects against discrimination in employment because of military service.

These newly issued regulations specifically address service member and employer obligations regarding such issues as: employee make-up contributions to pension plans; employer contributions to pension plans; continuing employment-based health plan coverage; statute of limitations; and the interaction of USERRA with the Family and Medical Leave Act (FMLA).

In addition, VETS issued a final rule concerning the notice required under Veterans Benefits Improvement Act of 2004 (VBIA). The VBIA requires that “[e]ach employer shall provide to persons entitled to rights and benefits under [USERRA] a notice of the rights, benefits, and obligations of such persons and such employers…” This notice requirement can be met by distributing the notice or posting the poster version of the notice. Two downloadable posters, with identical text, are available at www.dol.gov/vets for use and distribution by employers. One of these posters is for Federal agency employers and the other poster for use by private and State employers.

The USERRA elaws Advisor [www.dol.gov/elaws/userra.htm] has been updated to reflect these new rules. Additional compliance information is available at www.dol.gov/vets.

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