The federal Uniformed Services Employment and Reemployment Rights Act (USSERA) establishes certain rights and responsibilities for uniformed service member and their civilian members and their civilian employers. The laws purposes are to:
- Encourage uniformed service by minimizing disadvantages to civilian careers;
- Minimize disruption to service members and their families, employers, and communities; and
- Prohibit discrimination against individuals because of their service.
USERRA applies to all employers, public and private, and protects the job rights and benefits of individuals who voluntarily or involuntarily leave civilian employment to undertake military service.
Under USERRA, an employee returning from active duty military service or training has a right to be reemployed to the same position (or a like position for which they are qualified) with the same benefits.
To qualify for USERRA protection, individuals must:
- Provide advance notice of their military service to their employer,
- Have less than five years of cumulative military service during their tenure with that particular employer (certain time periods may be excluded from the cumulative five years);
- Have not been separated from service with a disqualifying discharge or under other than honorable conditions; and
- Return to work or apply for reemployment in a timely manner
For any questions or if you need assistance, please reach out to your assigned HR Business Partner.