Rules would help clarify vets’ employment rights

WASHINGTON – The Bush administration proposed new regulations Monday aimed at clarifying employment protections for veterans and reservists returning from active duty.

The 1994 Uniformed Services Employment and Reemployment Rights Act says veterans and reservists returning from active duty generally must be rehired in the job they would have attained with the same seniority, status, benefits and pay had they not left.

There are exceptions. For example, if an employer lays off workers and eliminates a soldier’s job, then the company does not have to provide a job when the soldier returns home.

Generally, soldiers retain their employment rights for up to five years of military service.

The new regulations, which Labor Department officials said have been in the works for about three years, are intended to clarify obligations of employers and rights of returning service members under the law.

For example, the law requires that a returning service member be “promptly re-employed.”

The new regulations say employers generally must rehire a returning soldier within two weeks of application for re-employment.

There are exceptions. For instance, if several years have passed, an employer may need more time to reassign current employees.

The public has 60 days to comment on the regulations and to propose changes.