Q. Do Employers Have To Tell Employees About Their Right To Military Leave?

A. NEW MILITARY LEAVE POSTING REQUIREMENT
The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) of 1994, also known as the Federal Military Leave Law protects the job rights of and ensures reemployment of individuals who voluntarily or involuntarily leave employment positions to undertake military service (including veterans, reservists, and National Guard members). USERRA also prohibits employers from discriminating against individuals based on their past, present or future military obligations or intent to apply to any of the uniformed services. USERRA applies to all employers, regardless of size, in both the public and private sectors.

Effective March 10, 2005, USERRA was amended to now require employers to provide employees with notice of their rights, benefi ts and obligations under the law. This new notice requirement can be satisfied by displaying the USERRA poster in a location where other employee notices are customarily posted. A sample poster, containing the required language, can be obtained online from the United States Department of Labor at http://www.dol.gov/vets/programs/ userra/poster.pdf. Although the law is satisfied by posting of this notice, employers may want to consider also distributing a copy of such a notice directly to eligible employees before they take their leave.