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USERRA Montana

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What is important to know about USERRA in Montana?

USERRA is the Uniformed Services Employment and Reemployment Rights Act. This is a federal Act that was put into place in 1994 in order to replace the Veterans Reemployment Rights Act. Because it is a federal Act, it affects employees in Montana as well as employees in all states across the country.

When an employee makes a military commitment or has made a military commitment in the past, the employee will receive USERRA coverage and benefits. Those benefits help to ensure that if an employee needs to leave work in order to serve in the military, the employee will be able to receive the same job upon returning from service, along with the same benefits and salary.

However, in order to maintain USERRA coverage employees must fulfill the following obligations:

·         The employee needs to notify the employer of the upcoming service as soon as the employee learns of the dates

·         Employees may not be dishonorably discharged if they wish to maintain coverage

·         There is also a time period in which the employee must return to work after he or she returns from service if the employee wishes to maintain coverage

The predetermined time period that employees need to follow is as follows:

·         If the employee serves for up to 30 days, the employee needs to return to work on the next business day after returning from service

·         If the employee serves between 31 and 180 days, the employee has up to 14 days to return to work after returning from service

·         When the employee serves for more than 181 days, the employee has up to 90 days to return to work after returning from service

·         Employees may not be gone from work for more than five years while serving if they wish to maintain coverage. CB