Uniformed Services Employment and Reemployment Rights Act (USERRA)

The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination and acts of reprisal against members who serve in the uniformed services.

Specifically, an employer may not deny a service member initial employment, promotion, or any benefit of employment because the person performed military service, voluntarily or involuntarily.

Federal and state employees are protected -- not independent contractors, students, volunteers or partners. National Guard members called to State Active Duty are not covered by USERRA.

To be eligible, a military member must meet all of the following:

• Civilian job prior to military service

• Advance notice to employer of service

• Left his/her job to perform uniformed service

• Period of service does not exceed 5 years (except Reserve/National Guard training, national emergency, and involuntary extensions to active duty)

• Released under honorable conditions

• Timely return to civilian employer

Employer obligations:

• Accept notification of upcoming uniformed service and approve the request

• Promptly reemploy

• Place returning employee in the position he/she would have held if continuously employed

Entitlements under USERRA include:

• Prompt reinstatement

• Accrued seniority, as if the person had been continuously employed

• Immediate reinstatement of civilian health insurance coverage

• Other non-seniority benefits, such as holiday pay or benefits

• Training or retraining and other accommodations

• Prohibition of discrimination or reprisal due to military service

The Office of Employer Support for the Guard and Reserve assists service members in enforcing USERRA. Their number is (800) 336-4590.