The Uniformed Services Employment and Reemployment Rights Act (USERRA) Protects the Reemployment Rights of Service Members

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the reemployment rights of service members… and describes the relationship between employers and service members just prior to, during and after their return from uniformed military service.

Both employers and the service member are given responsibilities to carry out in this partnership between service and employment.

Notice
USERRA requires that service members provide advance written or verbal notice to their employers for all military duty unless giving notice is impossible, unreasonable, or precluded by military necessity.  An employee should provide notice as far in advance as is reasonable under the circumstances.

Duration
USERRA establishes 5 years as the length of time that veterans and members of Reserve components may be absent from work for military duty and retain reemployment rights, with some exceptions. It is also important to understand that reemployment protection is not dependent on the timing, duration, frequency or nature of the service as long as the eligibility criteria are met.

Service Related Disability
USERRA requires employers to make reasonable efforts to accommodate a service member’s disability and convalescence from injuries received during service or training for up to two years from the date of completion of service to return to their jobs or apply for reemployment.

Return to Work
An individual must apply for reemployment or report back to work after military service, within a time window that is based on the time spent on military duty. 

The member must, if:

• less than 31 days on military duty:  return to work on the first full day at the beginning of the next regularly scheduled work period, after release from service; taking into account safe travel home plus an eight-hour rest period.
• more than 30 days but less than 181 days on military duty:  apply for reemployment within 14 days of release from service.
• if more than 180 days on military duty:  apply for reemployment within 90 days of release from service.

“Escalator Position”
Returning service-members must be reemployed in the job that they would have attained, had they not been absent for military service, with the same seniority, status and pay, as well as other rights and benefits determined by seniority. 

The employer must make reasonable efforts to enable returning service members to refresh or upgrade their skills to help them qualify for reemployment.   

The law provides for alternative reemployment positions if the service member cannot qualify for the “escalator” position and requires that a service member be deemed on a furlough or leave of absence and is entitled to the non-seniority rights accorded other individuals on non-military leaves of absence.