Complying with the legal requirements governing reemployment of employees returning from military leave, particularly state laws and the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), is an increasingly challenging issue for employers nationwide. George Wood, a shareholder in the Minneapolis office of Littler Mendelson, has the following advice for employers: “Begin by understanding your organization’s obligations under USERRA. Then you can prepare by knowing when employees are expected to return from leave and plan accordingly. Employers cannot wait until the employee is back with a list of questions and concerns. As with most employee relations issues, due diligence and preparation are keys to success.”

Application of the policies and procedures you currently have in place for dealing with returning service members can be enhanced with the following tips from Wood:

1. Understand what USERRA requires — assign a team member from within as the point person for staying on top of USERRA and related compliance issues.
2. Educate HR personnel and managers on USERRA’s requirements.
3. Develop internal policies and processes to manage USERRA claims.
4. When in doubt, consult an attorney or USERRA specialist.

“Given the amount of time most employees spend on military leave — in many instances years versus months — employers should also assign an internal staff member, typically someone in HR, to manage the leave and assure that the employer is properly complying with its obligations under USERRA,” Wood advises.

Available resources. In preparation for assimilating veterans back into your workforce, consider taking advantage of the resources available to you. For example, the Department of Defense (DOD) offers the Employer Support of the Guard and Reserve (ESGR), an organization developed to encourage employer support of the military service their employees have provided. ESGR serves as an advocate for employees returning to the workforce following National Guard or Reserve deployment. Among the goals of the ESGR is to increase employer awareness of applicable laws and facilitate the transition back into employment.

In addition, the U.S. Department of Labor (DOL) has established local veterans’ employment representatives throughout the country as well as a disabled veterans outreach program. These resources are available to assist employers in their recruiting efforts. The DOL also has an online toolkit to guide employers through the process of hiring veterans. The free toolkit is designed to assist and educate employers who have made the proactive decision to include veterans and wounded warriors in their recruitment and hiring initiatives. For more information about resources available through the DOL, visit: http://www.dol.gov/vets/.

Source:  CCH interview with George R. Wood, published in CCH HUMAN RESOURCES MANAGEMENT Ideas & Trends, Issue No. 716, November 3, 2010.