USERRA: Know your duty to returning disabled reservists — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

USERRA: Know your duty to returning disabled reservists

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in Discrimination and Harassment,Employment Law,FMLA Guidelines,Human Resources

THE LAW. You may know that the federal Uniform Services Employment and Reemployment Rights Act (USERRA) requires employers to reinstate employees who take military-related leave, plus it prohibits job discrimination against military or ex-military personnel.

But a lesser-known USERRA provision deals with how employers must handle employee/reservists who return from active duty with injuries or other disabilities.

USERRA is similar to the Americans with Disabilities Act (ADA) in saying that you must make reasonable efforts to accommodate a returning employee's disability. But USERRA applies to all employers, while the ADA applies only to employers with 15 or more workers. Plus, USERRA offers returning disabled reservists more generous rights.

Specifically, employees who were injured on active duty have up to two years after their return to claim reinstatement to their jobs. Plus, if a returning disabled military ...(register to read more)

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