Pennsylvania Employment Law: Key Protections for Military Veterans

Pennsylvania employment law offers vital protections for military veterans, recognizing their service and ensuring fair treatment in the workplace. Understanding these legal provisions is essential for veterans seeking to navigate their careers post-service. This article explores the key protections available to military veterans under Pennsylvania law.

1. The Uniformed Services Employment and Reemployment Rights Act (USERRA)

USERRA is a federal law that protects the employment rights of individuals who serve in the military, including National Guard and Reserve members. In Pennsylvania, veterans are entitled to reemployment upon return from active duty, ensuring they can return to their previous positions without penalty. Employers are also prohibited from discriminating against veterans due to their military service.

2. Pennsylvania Military Employment Rights Act

The Pennsylvania Military Employment Rights Act (PMERA) complements USERRA by providing additional protections at the state level. PMERA extends similar reemployment rights to veterans and mandates that employers recognize the value of service, ensuring veterans can utilize their skills and experiences without facing discrimination.

3. Employment Discrimination Protections

Pennsylvania law prohibits employment discrimination based on military service. Veterans cannot be treated differently regarding hiring, promotions, or terminations due to their military background. Additionally, Pennsylvania’s Human Relations Act covers these protections, making it unlawful for employers to engage in discriminatory practices against veterans.

4. Right to Leave for Military Service

Veterans in Pennsylvania have the right to take leave for military service without fear of losing their jobs. Employers must comply with the law and reinstate veterans to their former roles after their service ends. This provision ensures that veterans can fulfill their duty without sacrificing their civilian employment status.

5. Health Insurance and Benefits

Upon reemployment, veterans are entitled to the continuation of health insurance and benefits. Employers are required to restore any benefits accrued prior to deployment, safeguarding veterans’ access to essential healthcare and resources critical for their well-being.

6. Protection Against Retaliation

Pennsylvania law protects veterans from retaliation for exercising their rights under USERRA and PMERA. If a veteran files a complaint or asserts their rights related to military service, any adverse action taken by the employer could be seen as unlawful retaliation.

7. Resources for Veterans

Several organizations and resources are available for veterans seeking assistance or information on their employment rights. The Pennsylvania Department of Military and Veterans Affairs is a key resource, offering guidance on legal protections and providing support to navigate employment-related issues.

Additionally, veterans can consult legal advisors or employment attorneys who specialize in military employment rights to ensure they fully understand their protections and can advocate for themselves effectively.

By understanding these key protections, military veterans in Pennsylvania can better navigate the challenges of reentering the workforce, knowing their rights and resources are in place to support them in their career pursuits.