Record numbers of military reservists have been called to active service in Iraq and elsewhere. In previous e-Bulletins, we have discussed the federal Uniformed Services Employment and Reemployment Rights Act (called "USERRA" for short), which protects reservists’ civilian jobs in many situations.

Last December, Congress passed a law requiring that employers give notice of USERRA's provisions to "persons entitled to rights and benefits." Congress also directed the Department of Labor to prepare the text of the notice, and DOL did so in an interim final rule published on March 10, 2005. A poster version of the notice is available at the Department of Labor Web site. According to DOL’s new rule, employers may give this notice by posting it where other notices are usually placed, or by distributing the notice in hard copy or by e-mail. The notice requirement is effective immediately.

The other major change in USERRA is an extension of the time during which employees on military leave can continue their employer-provided health care coverage. The new period is 24 months; previously, USERRA had mirrored COBRA and required benefits for 18 months.

Please let us know if we can be of assistance with these or any other aspects of USERRA compliance.