- Enacted Oct. 13, 1994
- Applies to virtually all employers, public and private
- Provides protection and rights of reinstatement to employees who join the National Guard or Reserve
- Provides up to five years of cumulative military service, with exceptions that may extend this time
Time Limits on an Employee’s Right to Return to Work
- To be eligible for protection under USERRA, you must report back to work or apply for re-employment within the following guidelines:
- one to 30 days of service - report next scheduled work day, after 8 hours rest and travel time
- 31 to 180 days of service - apply within 14 days after completion of service
- 181 or more days of service - apply within 90 days after completion of service
- This timeline starts after release from military duty, including leave (accrued or terminal)
- This timeline resets at the end of each period of military duty
Wages
- Private employers are not required to pay employees during military absence
- Minnesota statute provides certain benefits such as Differential Pay to State employees who are called to military service - Minnesota allows, but does not require, all municipalities and counties to pay Differential Pay
Health Care
- Health care benefits continue for the first thirty days of deployment
- During all deployments, check with your Human Resources Manager to verify your Health Care Coverage during your deployment
- Reinstatement – Immediate reinstatement of health care benefits beginning the first day returning to work
- No "Grace Periods" or "New Enrollment Periods" - your health benefits start up as though you had never left
Pension Plans
- Upon re-employment, the employee may elect to pay-in contributions missed during military absence
- Three times the length of service to repay
- For example: If you are deployed for one year, and do not make contributions to your pension plan during that year, you have three years to make up that contribution after re-employment, if you wish to do so.
- Employer is liable to fund their contributory portion, if the employee makes the back contribution
Escalator Principle
- Returning Servicemembers step back onto the seniority escalator at the point which they would have occupied had they remained continuously employed
What a Guard or Reserve member can do for their employer
- Provide a schedule of drill dates, annual training and reasonable notice when activated
- Reserve components are encouraged to stay in touch with their employer during the deployment
- Provide timely notice of intention to return to work
- Nominate your Employer for a Patriot Award
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