Ask the Legal: Does USERRA apply to small employers?

Yes, the Uniformed Service Employment Reemployment Rights Act (“USERRA”) is a law that protects civilian jobs and benefits for veterans. The law applies to all public and private employers in the United States regardless of their size. It also applies to both part-time and full-time employees. While the law does not require that employers pay employees while they are on military leave, it does impose certain obligations on employers regarding the reemployment of those individuals when they return from military service. The law also prohibits employers from discriminating against any veteran, reservist, or National Guard member because of his or her past, present, or future military obligation. Employers should be familiar with the law and have a military leave policy in place that complies with USERRA.

As appeared in:  Pittsburgh Business Times, 1/24/2014

Terri Imbarlina Patak