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Hours: 8:30 - 5 CST, M-F
Top 5 Helpline Call Topics:
- FMLA
- Exempt v. Non-Exempt
- Meal and Break Periods
- Final Compensation
- Discipline and Termination
Delighted Clients Speak:
"I am amazed at how quickly I get solutions to my biggest headaches. HR Helpline is able to help me with all of them."
- Sue Manning,
Yoshino Corporation, University Park
"The Chamber HR Helpline is probably one of the most valuable services I've used in my 30+ years in the personnel area."
- Dee Diggs,
Ruckers Candy, Bridgeport |
August 2008 Frequently Asked Questions: The Uniformed Services Employment and Reemployment Rights Act (USERRA)
Q. What is USERRA?
A. The Uniformed Services Employment and Reemployment Rights Act protects the rights of those who leave employment to serve in the military. Returning veterans are entitled to the same status, seniority, pay, and other benefits they would have earned had their employment not been interrupted.
Q. Who is required to comply with USERRA?
A. All private employers, as well as all federal, state, and local government, regardless of the number of employees.
Q. How quickly does an employee need to report back to work after returning home from military service?
A. Employees who have served 1 – 30 days must return no later than the beginning of the first scheduled shift after allowing for travel and 8 hours of rest.
Employees who have served 31- 180 days must apply for reemployment within 14 days after completing military service.
Employees who have served more than 180 days must apply for reemployment with 90 days after completing military service.
Reporting deadlines are extended up to 2 years for those hospitalized or recovering from an illness or disability incurred during military service. A few exceptions may allow for an extension of that period also.
Q. Is there any reason why an employee could be disqualified for reemployment under USERRA?
A. An employee may be disqualified from reemployment if they receive a dishonorable or bad conduct discharge, were dismissed by court-martial, or dropped from military rolls due to absence without authority for more than 3 months or by civilian imprisonment.
Q. I’ve heard of the escalator principle, can you explain it to me?
A. The escalator principle means that employees are not only entitled to the same pay, seniority, status, and benefits that they had when they left for military service, but that they need to receive the same rights and benefits as though they had never left and would have continued to gain greater benefits, status, pay, and seniority due to continued service.
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