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Final Military Leave Regulations Issued By DOL
On Dec. 19, 2005, 11 years after Congress enacted the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended (USERRA), the U.S. Department of Labor issued final regulations under USERRA which became effective Jan. 18, 2006. The final regulations can be found at 20 Code of Federal Regulations (CFR), Part 1002. The DOL suggests these final regulations do not impose any new obligations on employers, but rather, serve as an implementation of the statutory requirements, as well as to clarify and interpret areas of the law. However, these regulations, the first ever issued under USERRA, turn the internal guidance of the DOL into binding regulations.
With nearly half a million uniformed service personnel being called upon by the Government to assist with the War on Terror since 2001, many employers have been or will be faced with returning service members. As these individuals return to the workplace after being called to assist the country, the burden is on the employer to comply with USERRA. Specifically, the new regulations provide, consistent with the U.S. Supreme Court's interpretation of USERRA's predecessor statute, 'This legislation is to be liberally construed for the benefit of those who left private life to serve their country' [and] ' no practice of employers ' can cut down the service adjustment benefits which Congress has secured the veterans under the Act.' Fishgold v. Sullivan Drydock and Repair Corp., 328 U.S. 275, 285 (1946).
The original purpose of USERRA was, and still is, to encourage non-career service in the uniformed services and protect the rights of persons who voluntarily or involuntarily leave employment positions to undertake military services. In bringing this mission forward, the legislation's goals are to assist in minimizing disruption in the lives of those performing duties for the country, and to prohibit discriminating against a person because of his/her activities in the uniformed services. In effectuating the principles, USERRA and the newly created regulations protect the rights and benefits of uniformed service persons with regard to his/her employment, as well as securing re-employment for the individual.
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