USERRA provides that employees serving in the uniformed services can elect to continue their group health coverage under an employer-sponsored group health plan for a period of up to 18 months. The Act increases that maximum period of group health plan coverage available for employees covered by USERRA from 18 months to 24 months, and applies to continuation coverage elections made on or after December 10, 2004. Employers dealing with service member employment and benefit protections can get more information from the U.S. Department of Labor at Veterans' Employment & Training Services. Information on USERRA is available at elaws- USERRA Advisor, and Notice Requirement is covered at Compliance Assistance. Employment Protection for Attendance at Military Events Employers cannot fire or take adverse employment action against any employee, or keep them from attending certain events relating to military service of the employee’s spouse, parent or child to which the employee is invited. This could include departure or return ceremonies, family training or reintegration programs. The employee must provide reasonable notice to the employer when requesting time off, and the employer must provide a reasonable amount of nonpaid time off for the employee, not to exceed two consecutive days or six days in a calendar year. The employer must not compel the employee to use accumulated but unused vacation for these events. Other Minnesota Military Leave Protections In addition, three other Minnesota Statutes provide employees with job-protected time away from their jobs for military-related activities. They include Minn. Stats. §§ 181.947, 181.948, and 192.325. The protection of these three statutes overlap in some respects and, in summary, provide as follows: 1) Employers must allow employees up to two consecutive days and up to six total days per calendar year of unpaid leave to attend departure or return ceremonies upon deployment to or return from military service, family training or readiness events sponsored or conducted by the military, and other events held as part of the official reintegration programs for an employee’s spouse, parent or child; 2)Employers must allow employees to take one day of unpaid leave per calendar year to attend the military send-off or homecoming ceremony for a grandparent, legal guardian, sibling, grandchild, fiancé; and 3) Employers must allow up to 10 working days of unpaid leave for employees, independent contractors, and those working for independent contractors for compensation when a parent, child, grandparent, sibling or spouse has been injured or killed while engaged in active service of the U.S. Armed Forces. Finally, Minn. Stat. § 192.261 prohibits employers from asking an applicant for employment if he or she is a member of the National Guard or a reserve component of the U.S. Armed Forces and from requesting any type of oral or written statement concerning that status. Note: Also refer to the publication Employing Servicemembers: What You Should Know About USERRA . The publication is available without charge from the Small Business Assistance Office.
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