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The United States depends heavily these days on 1.5 million members of the military reserves, National Guard and state guard units to help protect the country.
The Uniformed Services Employment and Re-employment Rights Act of 1994 protects the salaries and benefits of those reservists and guard members while they are on active duty.
USERRA, which replaced the Veterans Re-employment Rights Law, requires all public and private employersno matter what the sizeto give leaves of absence to employees who need time off to satisfy military obligations of five years or less, according to an analysis by Mark Budensiek, an associate with Rutan & Tucker L.L.P., a Costa Mesa, Calif., law firm.
Another section of USERRA sets out health coverage continuation rules similar to those that protect civilians who leave their employers under ordinary circumstances.
Reservists and guard members have the right to continue any health benefits for themselves and their dependents for up to 18 months after they go on active duty.
But employers can ask recalled reservists and guard members to pay up to 102% of the full cost of the health coverage.
