NEW POSTING REQUIREMENTS REGARDING

EMPLOYMENT RIGHTS OF MILITARY PERSONNEL

March, 2005

Pursuant to the Veterans' Benefits Improvement Act of 2004, as of March 10, 2005, all employers must provide written notice of rights, benefits, and obligations concerning employees who serve in the U.S. military.  The Department of Labor has issued a new poster that meets the notice requirements of the Act.  You can download a copy of this poster (in pdf format) from the Department of Labor website at:  http://www.dol.gov/vets/programs/userra/poster.htm.  It is recommended that you print and post this notice immediately where you customarily place notices for employees.  (This should be a conspicuous place where employees regularly frequent, such as by a time clock or in an employee break/lunch room.) 

Please note that several publishers market large, multi-law postings for employers to notify employees of their rights under numerous federal and state laws.  Many publishers are now revising these posters to include the new USERRA rights posting.  However, it is not necessary to replace your existing multi-law poster solely to be in compliance with the new Act.  You may simply post the Department of Labor posting in the same area, or otherwise distribute it to employees.

The Veterans Benefits Improvement Act of 2004 amends portions of the 1994 Uniformed Services Employment and Reemployment Rights Act (USERRA).  In addition to the posting requirement, the Act also extends the maximum election coverage period of employer-sponsored health care for USERRA-covered employees from 18 to 24 months.  This extension applies to all continuation elections made after December 10, 2004.  The Act also expands the state and federal benefits provided to military personnel, including apprenticeship and educational training programs.  Some of these provisions, such as the rules regarding counting military training time under certain apprenticeship programs, may affect employers who offer such programs.