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.
