Legal Alert Memo
March 11, 2005
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USERRA Changes Effective March 10, 2005

As you may recall, in our Winter 2005 School Law Newsletter, we highlighted several changes the Veterans Improvement Act of 2004 (VIA) made to the Uniformed Services Employment and Reemployment Rights Act (USERRA), essentially expanding the rights of employees on leave for military duty. 

Initially, the VIA increased from 18 months to 24 months the maximum amount of time an employee on military leave may continue to receive the same health insurance coverage he enjoyed as an active employee.  Additionally, the VIA prohibits employers from charging employees on military leave for fewer than 31 days more than the regular employee contribution in order to maintain their health insurance. If, however, an employee is on leave for 31 days or more, the VIA permits an employer to charge the employee up to 102% of the full insurance premium, or 102% of the employee and employer portions of the premium. 

Importantly, effective March 10, 2005, employers must post a notice informing employees of their rights under USERRA.  In order to ensure that school districts comply with this requirement, we have enclosed a sample notice published by the U.S. Department of Labor, which should be posted in the same location as other similar notices.  Although most school districts utilize “all-in-one” labor posters, a notice that will meet the posting obligation until such time as the inclusive posters are updated is available here.

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School Law Newsletter Summer 2004
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Legal Alert Memo August 18, 2004
Legal Alert Memo August 18, 2004