On March 10, 2005, the Department of Labor ("DOL") released a poster that employers may display to satisfy the requirement, also effective on March 10, 2005, that employers notify employees of their rights and benefits under the Uniformed Services Employment and Reemployment Rights Act ("USERRA"). USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service, and prohibits employers from discriminating against past and present members of the uniformed services and applicants to the uniformed services.

The USERRA rights notice requirement was imposed under the Veterans Benefits Improvement Act, Public Law 108-454, ("VBIA"), which was enacted on December 10, 2004. Of particular importance to employers, VBIA extended the period of employer-sponsored health-care coverage that must be provided to employees on military leave from 18 to 24 months, and required that employers provide notice of USERRA entitlements to "all persons entitled to rights and benefits under USERRA."

Notice Requirements

The notice must contain specific information on:

  • Reemployment rights
  • Right to be free from discrimination and retaliation
  • Health insurance protection
  • USERRA enforcement and complaint assistance

The notice requirement is satisfied if the DOL poster, available at www.dol.gov/vets/programs/userra/poster.pdf, or a notice containing the information outlined in the DOL poster, is displayed in a prominent place where employees customarily check for such information. Other acceptable methods of distribution include hand delivery, mail or e-mail, but all employees must be reached and all employees must receive the full text of the notice.

Effective Date

All employers, regardless of size, must comply with the notice requirement, even if there are no known uniformed service members among their employees. The effective date of the notice requirement was March 10, 2005—the same date that DOL provided its guidance regarding the content of the required notice. USERRA can be enforced by private lawsuit and by federal agencies other than the DOL. Thus, it is important that employers comply as soon as possible.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.