USERRA: Know your duty to returning disabled soldiers

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in Employment Law,FMLA Guidelines,Human Resources

The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to reinstate employees who take military-related leave. It also prohibits job discrimination against military or ex-military personnel.

But a lesser-known USERRA provision deals with how employers must handle soldiers who return from active duty with injuries or other disabilities. USERRA is similar to the ADA in requiring you to 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 soldiers 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. If returning disabled military personnel can’t perform their former jobs, you must offer training and accommodations, or make...(register to read more)

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