USERRA

Kiwi

We have an employee who was called up to active duty after only 19 days with our company. I haven't seen anything to indicate that USERRA only applies after a minimum time period with the employer, so I assume he is covered under the regulation.

My question is how to calculate his eligibility for benefits under our cafeteria plan when he comes back. Our emps are eligible the 1st of the month after 60 consequtive days of employment. The SPD also says that USERRA rules apply for those returning from duty. Does USERRA 'trump' the 60 consequtive day provision? Will he have 19 days already in when he returns, or do we start again at 1?

Also, our plan increases the company-provided benefit dollars under the plan with seniority. If he would be gone long enough to reach the next benefit dollar level, had he been employed by us the whole time, does he get it even if he wasn't eligible for the plan when he left?

MS HR

Treat USERRA as an extension of your company.
1. He's entitled to immediate reenrollment in the health plan.
2. He's entitled to the same benefits that would have accrued to him as if he had never left.
3. Type in USERRA on any search engine and you can download the pertinent regulations.
Hope this helps.

Parabeagle

USERRA applies from Day One to all employers, regardless of size. When released from duty, they must be reinstated at the same point they would have been with you had the employment not been interrupted. As far as some of your more specific questions, go to esgr.org for the best info.

Kiwi

Thanks for the help. It seemed pretty straight-forward to apply USERRA to the first 3 guys called up who have been with us a while, but I wasn't sure if this really new hire had other issues to consider.