A ‘SALUTE’ to getting answers about employee military leave

08/20/2025

A new opportunity to ask for help with the USERRA

On July 24, 2025, the U.S. Department of Labor’s Veterans' Employment and Training Service (VETS) launched a program designed to help employers proactively comply with the Uniformed Services Employee Reemployment Rights Act (USERRA).

The program — Support and Assistance for Leaders in USERRA Training and Employment (SALUTE) — lets employers ask for technical assistance from VETS.

Employers, for example, can get informal guidance on how the USERRA applies in specific circumstances or how VETS administers it. Employers that take advantage of the program might get compliance guidance, potentially avoiding related complaints or lawsuits, particularly accusations of willful violations.

Before requesting technical assistance, VETS asks that employers review its guidance and compliance assistance materials to see if they can find answers there. If, after reviewing the materials, they still need help, employers can submit their requests for assistance.

The ‘SALUTE’ process

When employers ask for technical assistance, they must confirm in writing that:

  • They aren’t involved in a USERRA investigation, and
  • They aren’t asking for an opinion to use in a lawsuit that started before their request.

Employers are to include:  

  • The requester’s name and/or organization;
  • The requester's email address;
  • A telephone number for VETS to contact the requester; and
  • Any facts that might be relevant to the help sought (e.g., the nature of the employer's business; an employee's military leave dates, military duty characterization, job duties or work schedule; the type of adverse employment action; and amount and structure of any pay and benefits, etc.).

VETS asks employers not to include any employee personal privacy information (e.g., social security numbers) in their requests, nor should employers include information they consider to be a trade secret or confidential commercial information.

Employer risks

VETS might use any information employers include in their requests in any responses it provides. VETS also makes such responses available to the public on its website.

Therefore, while this opportunity might hold promise for employers, it might also hold some risks, particularly if a situation leads to litigation.

If, for example, after asking for guidance, employers change their minds, a court could view that action in a less-than-positive light.

Key to remember: 

Employers can ask for help complying with the USERRA, but the information they share can become public.

This article was written by Darlene M. Clabault, SHRM-CP, PHR, CLMS, of J. J. Keller & Associates, Inc. The content of these news items, in whole or in part, MAY NOT be copied into any other uses without consulting the originator of the content.

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