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New Rules Detail Rights of Reserves, Guard

In the midst of the largest call-up of military reserves and National Guard members since World War II, the Labor Department has published regulations clarifying their employment rights when they return from active duty.

The regulations, published in the Dec. 19 Federal Register, provide detailed interpretations of the Uniformed Services Employment and Reemployment Act that was passed in 1994. The law guarantees that service members can return to their civilian jobs with the same pay and benefits as if they had never been activated.

Employers are required to post the new rules in the workplace; a poster is available at www.dol.gov/vets/.

The final rule says a returning service member must be “promptly re-employed,” usually within two weeks, even if his employer has imposed a hiring freeze.

The law protects the worker’s seniority, status and pay.

Labor Secretary Elaine Chao said, “These regulations provide comprehensive guidance on USERRA, which works to preserve the seniority, promotion, health care, pension and other benefits of our citizen soldiers when they return home to the jobs they left to serve our country.”


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