The federal Uniformed Services Employment and Reemployment Rights Act (USERRA), was amended to require employers to notify employees who voluntarily or involuntarily leave employment to undertake military service of their rights regarding reemployment, health insurance protection and freedom from discrimination or retaliation.

Under USERRA, service members who leave civilian jobs to perform military duties have the right to return to their pre-service jobs with the same pay, benefits and status they would have attained absent the military service. There are additional requirements under Pennsylvania Law, and you should consult your solicitor to be certain you are in compliance with both federal and state mandates.

Employers can comply with the federal notice requirement by posting a Department of Labor poster or by distributing the information to affected employees through other direct means. It is recommended that the notice not only be posted but also be distributed to all employees, in order to ensure compliance.

Free printed copies of the approved poster are available at (866) 4-USA-DOL (866-487-2365), or it can be downloaded from the Department of Labor’s Web site at www.dol.gov/vets/programs/userra/poster.htm.

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Alfred Maiello

Alfred C. Maiello is the founding member of MBM and has represented area school districts as solicitor for 50 years. He counsels school districts and educational institutions on leading developments in school law and guiding them through their day-to-day and long-term challenges.