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New veterans’ rights bill signed

A new federal law signed by President Bush in December increases protections for employees on military leave and creates some additional requirements for their employers.

     The Veterans Benefits Improvement Act of 2004 amends portions of the 1994 Uniformed Services Employment and Reemployment Rights Act (USERRA) and contains two new requirements of particular importance to employers. First, the new act extends from 18 months to 24 months the period of time reservists can opt to continue health care coverage for themselves or their dependents under their civilian employers’ health plans. The maximum amount that an employee on leave for more than 31 days may be charged is 102% of the full premium; employees on leave for less than 31 days may not be charged more than his or her usual share of the premium. This requirement applies to all USERRA covered employers, even if an employer is not subject to COBRA.

     Second, the new act requires employers to give employees notice of their rights, benefits and obligations under USERRA. This requirement can be satisfied by posting a notice of USERRA rights where other employee notices customarily are posted.