Training

Laws and Regulations: USERRA

Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)

USERRA prohibits discrimination against members of the military or military reserves. This law applies to all employers regardless of their size and protects employees serving in the reserve forces of the Army, Navy, Marine Corps, Air Force, Coast Guard, Public Health Service Commissioned Corps and the National Guard. USERRA is administered by the United States Department of Labor through the Veterans’ Employment and Training Service (VETS).

 

Uniformed service includes active duty, active duty for training, inactive duty training (such as drills), initial active duty training, and funeral honors duty performed by National Guard and Reserve members, as well as the period for which a person is absent from a position of employment for the purpose of an examination to determine fitness to perform any such duty. Highlights of USERRA in every-day language USERRA Legal Document

Civilian Job Protections At-a-Glance

USERRA provides a broad range of civilian job protections. In addition to full-time employees, the law protects most part-time and probationary positions. Key provisions for returning service members include that they are entitled to:

• Prompt re-employment.
• Seniority and seniority- related benefits, including pensions, status and rate of pay, as if they were continuously employed during their military absence.
• Immediate reinstatement of health insurance for themselves and previously covered dependents.
• Training or retraining by their employer if necessary to qualify them for re- employment.
• Rehire if disabled while on military duty or if a disability is aggravated by military service – employers must also make reasonable efforts to accommodate the disability. The term of protection is based on length of service:
  • If period of service was 181 days or more, protected from discharge, except for cause, for one year.
  • If service was for 31-181 days, period of protection from discharge is 180 days.

Re-employment Time Limits At-a-Glance

The act limits service members to specific periods of time for returning to their civilian jobs depending on the duration of their service. The law sets a five-year cumulative limit as the amount Guard and reserve members can serve and still retain re-employment rights with their employer – a new employer means a new five-year limit. (Exceptions can be made for those who cannot be released within five years or whose initial training lasts longer than that time.)

Re-employment Time Limits At-a-Glance

The act limits service members to specific periods of time for returning to their civilian jobs depending on the duration of their service. The law sets a five-year cumulative limit as the amount Guard and reserve members can serve and still retain re-employment rights with their employer – a new employer means a new five-year limit. (Exceptions can be made for those who cannot be released within five years or whose initial training lasts longer than that time.)

Based on the time served, there are specific time limits for returning to work as well:

• Up to 30 days – report back to work for the next regularly scheduled shift the day after release from the military, to include safe travel home and eight hours of rest.
• 31-180 days – apply for reemployment within 14 days after release.
• 181 days or more – apply for reemployment with 90 days after release.
• If the service member is hospitalized or convalescing from an injury or illness, the limit may be extended for up to an additional two years.