Understanding The Uniformed Services Employment And Reemployment Rights Act (USERRA)
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If you are a member of the Army Reserve or National Guard, you may be concerned about what will happen to your current job. You may fear that if you leave your job for months at a time, it may not be waiting for you when you return. The U.S. government protects military servicemembers from such an eventuality with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
How Does The Uniformed Services Employment And Reemployment Rights Act Protect Military Servicemembers?According to USERRA, any military member who leaves his job to participate in the uniformed services, is entitled by law to get his job back when he returns with the seniority and benefits due to one who had never left. This rule holds whether the service was voluntary or involuntary, during time of war or peace, for practically all civilian employers, public or private, of any size.
Who Is Eligible For USERRA?Anyone who serves in active duty, including Reservists and Guardsmen, is protected under USERRA. This includes those who leave their job for active or inactive duty training, for full time National Guard duty, or for funeral honors National Guard or reserve duty. Those attempting to resume their job under USERRA must meet the following five requirements:
- The person must have had a civilian job to begin with.
- The person must have let his or her employer know that he or she would be leaving to serve in the armed forces.
- The person’s period of service must have been no greater than five years, with some rare exceptions.
- The person must have been discharged honorably
- The person must report back to their civilian employer for reemployment in a timely manner.
If all these conditions are met, the servicemember is entitled to resume their civilian job upon return from military service.
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