What is the Uniformed Services Employment and Reemployment Rights Act (USERRA)?
Reemployment rights with a civilian employer are protected under chapter 43 of title 38, United States Code. This law, better known as the Uniformed Services Employment and Reemployment Rights Act or USERRA, provides a broad range of civilian job protections. USERRA provides protection to anyone absent from a position of civilian employment because of uniformed service if: 1) Advance written or verbal notice was given to the civilian employer; 2) The cumulative length of absence(s) does not exceed 5 years; and 3) The person’s character of service was not adverse.
USERRA is the Act that protects the rights of employees who enter military service from a civilian job. Specifically, it provides direction to employers regarding returning employees’ rights to reemployment, certain retirement benefits and other benefits that would have accrued during their military service absence. USERRA protects the rights of individuals during a period of military service with respect to any retirement benefits or rights they would have accrued had they been employed continuously by the civilian employer.
Related Questions
- What is an employers obligation under the Uniformed Services Employment and Reemployment Rights Act (USERRA) to return employees to work when they return from military leave?
- What if I am reemployed by BART under the Uniformed Services Employment and Reemployment Rights Act (USERRA)?
- Is he covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA)?
