Human Resource Blog

USERRA in Michigan

	Benefits
Total Compensation Summary Performance Improvement Plan Performance Appraisal and Review Employee Payroll Status/Change Form Employee Change Form

	Compensation
Employee Payroll Action Form W-4 Employee Withholding Allowance Cert. Employee Payroll Status/Change Form Direct Deposit Form Total Compensation Summary

	Employment Training
Employee Warning Notice Employee Counseling Report Performance Improvement Plan Forklift Safety Kit

	Hiring and Staffing
Complete Business Forms Kit CD Form I-9 Employment Eligibility Verification Employment Application Long Form Substance Testing Consent Form Pre-Employment Reference and Background Check Employment Offer/Acknowledgment Receipt of Employee Handbook New Hire Survey

	HR Management
Confidential Employee Folder Confidential Employee Medical Folder Job File Worksheet Folder Daily EEO Applicant Flow Log Workplace Information Sheets Request to Inspect Personnel Files

How should we treat our employees in Michigan according to the USERRA?

Employees across the country are covered by the Uniformed Services Employment and Reemployment Rights Act if they have made a military commitment or intend to make a military commitment. USERRA is a federal Act that prohibits employers from discrimination against employees based on the military commitment that the employee has made. The Act also helps to ensure that employees will be able to return to work with the same job or an equivalent job after a period of military service.

Employees are covered if they are committed to any branch of the military, including the following: U.S. Armed Services, Coast Guard, National Guard, the reserves, and Public Health Service. Employees are also protected by USERRA for the following types of military commitments:

• Active or inactive duty
• Active or inactive duty for training
• Voluntary or involuntary duty
• Voluntary or involuntary duty for training
• Full-time guard duty

When an employee makes a military commitment, the employee must return to work within a predetermined time period in order to ensure that the employee is able to maintain coverage under USERRA. Those time periods are as follows:

• For service that lasts up to 30 days, the employee must return to work on the next business day after returning from service
• For service that lasts between 31 and 180 days, the employee must return to work within 14 business days after returning from service
• For service that lasts up to 181 days, the employee must return to work within 90 days after returning from service
• Employees must serve less than five years in order to maintain USERRA coverage.

When the employee returns to work, he or she should receive the same job or an equivalent job as well as the same benefits and salary as he or she had prior to leaving for service. CB