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Governor Jeff Landry recently asked the federal government to approve deployment of up to 1,000 Louisiana National Guard troops to assist with public safety across the state, including in New Orleans, Baton Rouge, and Shreveport. While the request is still pending, Louisiana employers should take note: one or more of your employees could soon be called to active duty, triggering your obligations under the Uniformed Services Employment and Reemployment Rights Act ("USERRA").
USERRA applies to all employers – regardless of size – and protects employees (but not independent contractors) who serve in the uniformed services, including the armed forces and National Guard, and who have a reasonable expectation that their employment will continue indefinitely or for a significant period.
Among other things, USERRA requires employers to:
- Reemploy returning service members in the same or equivalent position they would have held had they not been absent from work for miliary service, with comparable seniority, status, and pay (including promotions and pay increases awarded during their service absence).
- Continue health coverage for up to 24 months during military service (if elected).
- Protect pension and benefit accruals as though employment had not been interrupted.
- Not discriminate or retaliate based on an employee's military service, obligation, or use of USERRA leave.
With limited exceptions, employees must: (1) provide advance notice of their military duty; and (2) request reemployment within statutory deadlines depending on their length of service (ranging from the next workday after release to up to 90 days after release).
USERRA violations can result in substantial penalties, including minimum liquidated damages of $50,000, double damages for lost pay and benefits, attorneys' fees, and injunctive relief.
For Louisiana employers, now is the time to review internal policies and HR practices for USERRA compliance, train HR staff and supervisors to handle military leave consistently, coordinate with benefit administrators on continuation coverage, and streamline processes to maintain documentation of notice, benefits, and reemployment actions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
