Uniformed Services Employment and Reemployment Rights Act (USERRA)

What is the Uniformed Services Employment and Reemployment Rights Act?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects employees who need to miss work because of their service in the army, navy, air force, marine corps, coast guard, national guard, reserve components, and other uniformed services, including a period of time to rest and recuperate after a deployment. Employees returning from service must return to work as follows in order to qualify for this job protection:

• Less than 31 days service — By the beginning of the first regularly scheduled work period after the end of the calendar day of duty, plus time required to return home safely and an eight hour rest period. If this is impossible or unreasonable, then as soon as possible.
• 31 to 180 days — The employee must apply for reemployment no later than 14 days after completion of military service. If this is impossible or unreasonable through no fault of the employee, then as soon as possible.
• 181 days or more — The employee must apply for reemployment no later than 90 days after completion of military service.

Those who have a service-related injury or illness can extend their job-protected leave for up to two years for persons who are hospitalized or convalescing.

In order to qualify for this protection, you must strictly comply with the law’s notice and reporting requirements. This includes providing advance notice of your service and timely reporting back for work after the conclusion of your service.

If your employer has denied you leave or failed to give you back your job when you returned from service, you should reach out for a consultation today.

Reach out for a consultation today.