The Uniformed Services Employment and Reemployment Rights Act of 1994, 38 USC §§4301, et seq. (USERRA), has been amended to provide greater health care continuation coverage rights for employees and to require employers to post notices advising employees of their rights under USERRA.

USERRA, which applies to all employers, provides re-employment protection and other benefits for employees who voluntarily or involuntarily leave their jobs for military service. USERRA also prohibits employers from discriminating against past and present members of the uniformed services and applicants to the uniformed services.

The amendments were made by the Veterans Benefits Improvement Act of 2004, Pub. L. No. 108-422, which President Bush signed into law on December 10, 2004.


Extension of Health Insurance Continuation Coverage

The Act increased to 24 months the maximum amount of time a person on military leave (and his or her dependents) may continue to receive employer-sponsored health insurance coverage at the employer-negotiated rate. USERRA previously had provided that the maximum period of coverage was 18 months following commencement of the employee's leave. The extended 24-month continuation coverage period applies to elections for coverage made on or after December 10, 2004.


Notice-Posting Obligations

The Act in §203 adds a new section to USERRA (38 USC §4334) requiring all employers to post a notice to "persons entitled to rights and benefits under [USERRA]. of the rights, benefits, and obligations of such persons and such employers.." This notice should be posted "where employers customarily place notices for employees." Notice obligations under the Act became effective on March 10, 2005 (90 days after the enactment of the Act).

In particular, the notice must include information concerning:

		Re-employment rights.
		Right to be free from discrimination and retaliation.
		Health insurance protection.
		Enforcement.

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For more information about the issues covered in this report, please contact Linda S. Husar in our Los Angeles office at 213-576-8017 or at lshusar@thelen.com or contact your Thelen attorney. For more information about Thelen's Construction and Government Contracts Department, click here.





©2005 Thelen Reid Brown Raysman & Steiner LLP