What is Illinois ISERRA?
The Illinois Service Member Employment and Reemployment Rights Act (ISERRA) (330 ILCS 60/) ensures Illinois service members’ employment and benefits are protected while they are fulfilling their military requirements. Protections under ISERRA include basic protections under the federal Uniform Services Employment & Reemployment Rights Act (USERRA) (38 USC 43 et al) that apply to all employers and additional service member protections during periods of military leave. These protections include reemployment, protection from discrimination and retaliation, as well as health insurance and pension protections.
Who is protected under ISERRA?
Employees covered by the law include:
- All members of the Armed Forces of the United States, whether active duty or reserve, including the National Guard when performing state duty.
- All members of the Military Auxiliary Radio System, United States Coast Guard Reserve, Civil Air Patrol, and the Merchant Marines when performing official duties in support of an emergency.
- Members who are released from military duty with follow-up care by the Department of Defense.
What does the ISERRA Poster cover?
The ISERRA Poster describes:
- Who is protected under the law
- The rights, benefits, and obligations of the law
- Who enforces the law
- Where to find more information
- Contact information for the Illinois Attorney General and the Attorney General’s ISERRA Advocate.
Who must post the ISERRA Poster?
- All Illinois employers must provide to employees entitled to ISERRA rights and benefits a notice of the rights, benefits, and obligations of service member employees under the law.
- The notice requirement may be met by the posting the ISERRA notice where the employer customarily places notices for employees. (330 ILCS 61/5-20)