Answer:
Workplace Category:
Human Resource Policies & Pandemic Planning
Sub-Category: Re-employment Rights | The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to a wide range of pension plans including defined benefit and defined contribution plans. Upon reemployment following qualifying military service, an employee must be treated for vesting and benefit accrual purposes as if he or she had been continuously employed. If benefits are tied to employee contributions, the employee must be allowed a specified period of time to make up contributions missed during the period of military service.
Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws. Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies. For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information. This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance. |
