Areyana Johnson
Austin/Houston Employment Trial Lawyer Areyana Johnson

In case you missed part one, the cursory intro blog can be found here

As described below, this blog serves as part two covering a deeper look into the benefits and payment provided to uniformed service members in the workplace. Such benefits include pensions, health benefits, and even vacation leave. If you’re wondering whether your employer provided health coverage upon request where your leave was for more than 30 days or less than 31 days then keep reading. Similarly, if you’re wondering whether your employer must grant your pension plan benefits which accrued during your military service then also keep reading. This brief blog broadly covers the answers.

Under USERRA, employees who leave their civilian jobs to serve in the uniformed services are entitled to continue receiving health insurance coverage while they are on military leave. If the employee is enrolled in an employer-sponsored health plan, they can maintain their coverage for up to 24 months during military service, though the employee may be required to pay up to 102% of the premium cost for the continued coverage. This provision is designed to ensure that service members do not experience a lapse in essential healthcare during their absence from civilian employment. Upon returning from military duty, the employee’s rights to reinstatement of health coverage are similarly protected; they must be reinstated in their previous health insurance plan, as though their employment had not been interrupted by military service.

In addition to health benefits, USERRA also addresses the issue of pay and other compensation. While military service typically results in a temporary loss of civilian income, USERRA ensures that service members are entitled to the same pay and benefits they would have received had they remained employed, particularly in the form of compensation during the reemployment process. This includes adjustments for any pay increases or bonuses the employee may have missed during their time away.  A vivid example as it applies to vacation leave: a  service member must be permitted to utilize any vacation leave which accrued prior to beginning their service instead of being offered unpaid leave. This permittance is by the service member’s request and the service member cannot be forced to use vacation time for the duration of the military service he or she was called to perform. Employers are prohibited from discriminating against service members on the basis of their military service, and must reinstate the employee to their prior position or an equivalent position with the same level of pay, benefits, and seniority.

 Notably, USERRA also protects the employee’s rights to other benefits like pension and retirement contributions during their military service. Contributions to retirement plans must be made by the employer for the duration of the employee’s military absence, ensuring that the service member’s long-term financial security is not adversely impacted. In summary, USERRA plays a vital role in safeguarding the financial and health benefits of service members, ensuring they do not suffer undue hardship due to their military commitments and can seamlessly transition back into civilian employment with all their rights intact.

If you think your rights have been violated under USERRA, please consult with an employment law attorney. Based on the assessment of the facts, actionable claims can be brought first to the attention of the Department of Labor Veterans’ Employment and Training Service. This is the governmental entity which handles USERRA complaints. A qualified attorney can assist in the navigation of filing the Form 1010 to initiate an investigation by VETS. Stay tuned for Part Three.

#DepartmentofLabor #Veterans #USERRA

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Photo of Areyana Johnson Areyana Johnson
  • What is the most important issue to you of being an advocate?
    • Leveraging my skillset to bring attention to the issues workers face in the employment law realm.
  • Who is your favorite Supreme Court Justice?
    • Thurgood Marshall.
  • Besides Rob Wiley, P.C., what is
  • What is the most important issue to you of being an advocate?
    • Leveraging my skillset to bring attention to the issues workers face in the employment law realm.
  • Who is your favorite Supreme Court Justice?
    • Thurgood Marshall.
  • Besides Rob Wiley, P.C., what is the most interesting job that you have had?
    • Summer Camp Counselor for UHD Engineering.
  • What is your favorite food?
    • Italian cuisine.
  • What’s the best part of living in (current city)?
    • Houston is so diverse and filled with so many food options. I have currently tasked myself with trying a new restaurant at least once a month.
  • Why did you start practicing labor and employment law?
    • I really enjoyed Labor law in law school. It was my favorite course.
  •  What skills do you value as an employment attorney?
    • Interpersonal skills. I think it is very important to hone in on the ability to truly connect with others, especially employees who are trusting you to handle their legal disputes.
  • What do you do when you’re not practicing law?
    • I love nature walks, spa dates, and water activities.
  • What’s your favorite legal movie?
    • Legally Blonde 
  • What’s your favorite legal TV show?
    • Law and Order SVU
  • What do you most want your clients to know about you?
    • That I’m committed to defending and upholding workers’ rights. Working with me will truly feel like working alongside a dedicated player.