Which of the following is NOT a provision of the USERRA?

Which of the following is NOT a provision of the USERRA?

• A. Entitlement to continuation of position
• B. Employer must provide pay during service
• C. Health benefits protected for 24 months
• D. Employers cannot force use of accrued sick pay for offsets

Answer: (B)

The correct answer highlights an important aspect of the Uniformed Services Employment and Reemployment Rights Act (USERRA) regarding employee rights during military service. Under USERRA, while employers are required to reemploy individuals returning from military service and to maintain their job benefits, they are not mandated to continue paying salaries during that service. The continuation of an employee's position upon their return is indeed a provision of USERRA, ensuring that returning service members can come back to their previous roles without loss of seniority. Health benefits are also protected for a stint of up to 24 months for service members who choose to maintain them while they are on military duty. Additionally, USERRA includes protections around accrued sick leave, ensuring that employers don’t require service members to use sick pay for offsets against their time away for military service. Therefore, the recognition that employers are not required to provide pay during the period of military service delineates the boundaries of employer responsibilities under USERRA, making this option that is not a provision of the Act.

The correct answer highlights an important aspect of the Uniformed Services Employment and Reemployment Rights Act (USERRA) regarding employee rights during military service. Under USERRA, while employers are required to reemploy individuals returning from military service and to maintain their job benefits, they are not mandated to continue paying salaries during that service.

The continuation of an employee's position upon their return is indeed a provision of USERRA, ensuring that returning service members can come back to their previous roles without loss of seniority. Health benefits are also protected for a stint of up to 24 months for service members who choose to maintain them while they are on military duty. Additionally, USERRA includes protections around accrued sick leave, ensuring that employers don’t require service members to use sick pay for offsets against their time away for military service.

Therefore, the recognition that employers are not required to provide pay during the period of military service delineates the boundaries of employer responsibilities under USERRA, making this option that is not a provision of the Act.