Human Resource Blog

USERRA Coverage in Colorado

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How do we need to comply with USERRA in Colorado so that we stay legal with our company?

USERRA is the acronym that stands for the Uniformed Services Employment and Reemployment Rights Act. This is a federal Act that applies to employers in states across the U.S., including Colorado. USERRA is the Act that Congress signed into place in order to take the place of the Veterans’ Reemployment Rights Act (VRRA).

Basically, USERRA prohibits employers from discriminating against employees with regards to the hiring, firing, promotion, training or any other benefits that might be associated with a position based on the employees uniformed services commitment.

Covered uniformed services under USERRA include the Armed Forces, Public Health Service, National Guard, and the reservists. Also, the particular services that are covered for the uniformed service employees include the following:

• Voluntary or involuntary duty
• Active and inactive duty
• Active or inactive duty for training purposes
• Initial active duty for training
• Full-time Guard duty

Employees should be able to return to work at the end of their terms of services to the same job or an equivalent job. They should also receive the same salary and other benefits that they had prior to leaving. However, in order to ensure that these workers receive their full benefits, it is important for those workers to meet some criteria:

• The employees need to return within the predetermined time period that is associated with their leave.
• Employees may not receive coverage if they are dishonorably discharged.
• The length of time that the employee is away from the office cannot exceed five years, cumulatively.
• The position that the employee held should not have been a temporary position.
• The employees must provide employers with advanced notice of when they will be gone and when they expect to return.
• Employees are only entitled for coverage if they leave their position in order to perform military service. CB