What is the Uniformed Services Employment and Reemployment Rights Act?

​The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law, passed in 1994, that protects military service members and veterans from employment discrimination on the basis of their service, and allows them to regain their civilian jobs following a period of uniformed service.

Who does the USERRA Act protect?

USERRA is a Federal law intended to ensure that persons who serve or have served in the Armed Forces, Reserve, National Guard, or other uniformed Services: (1) are not disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3 …

What is a USERRA violation?

A person who claims that a federal agency has failed or refused to comply with the provisions of USERRA with respect to the employment or reemployment of such person may file a complaint with the Secretary of Labor, who will investigate the complaint and attempt to resolve it if the Secretary’s investigation reveals …

What is covered under USERRA?

USERRA is a federal statute that protects servicemembers’ and veterans’ civilian employment rights. Among other things, under certain conditions, USERRA requires employers to put individuals back to work in their civilian jobs after military service.

How long does USERRA protect my job?

USERRA reemployment rights apply if the cumulative length of service that causes a person’s absences from a position does not exceed five years. Most types of service will be counted in the computation of the five-year period. Exceptions – Eight categories of service are exempt from the five-year limitation.

Who is subject to USERRA?

(a) USERRA applies to all public and private employers in the United States, regardless of size. For example, an employer with only one employee is covered for purposes of the Act. (b) USERRA applies to foreign employers doing business in the United States.

Who is eligible for USERRA leave?

USERRA – Expanded California Law Under California Government Code §19775, individuals who are employed in California are entitled to up to 30 days of paid military leave for active duty (including active duty training). The paid military training does not cover leave for inactive duty training, such as drills.

Is USERRA leave paid or unpaid?

In general, the courts have found that USERRA requires employers to pay employees for military leave if the leave closely resembles other types of leave for which employees are paid. However, there is little clarity on what other types of leave are comparable to a military-related absence.

Can you terminate an employee on military leave?

Yes. If there is a legitimate business reason for the layoff and for the selection of the employee on military leave, an employer may be permitted to lay off an employee who is on a military leave of absence under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Can you sue for USERRA violation?

But for the time being the only way to enforce USERRA against a state government employer is by getting DOJ to sue the state, in the name of the United States as plaintiff, unless the state has waived sovereign immunity.

Does your employer have to hold your job if you join the military?

Basic protections under the law include: Employers may not deny employment, reemployment, retention in employment, promotion or any other benefit of employment because of past or present membership in the armed forces or intent to join the military.

Can I terminate an employee on military leave?