Does USERRA apply to voluntary or involuntary service?
A. Both. USERRA applies to voluntary active duty, involuntary active duty, initial active duty for training, inactive duty training (annual training), active duty in lieu of training, full time National Guard duty, time needed away from work for a person to submit to a required examination for that person’s fitness for military duty, and when called to duty by way of a public health emergency by FEMA or the Department of Homeland Security. This incorporates a very broad swath of military related service. 38 USC § 4303(13). Q. What rights does USERRA confer on service members? A. USERRA contains a broad set of rights that apply at all stages of employment, from the initial application to employees returning from military service seeking reemployment. USERRA’s provisions even have impacts on retirement plans. Some of the more significant rights include: a) Discrimination Prohibited. The right to be free from discrimination in hiring and conditions of employment because of a person’s stat
