Wage and Hour Division (WHD)

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FMLA Special Rules for Returning Reservists (USERRA)

The Uniformed Services Employment and Reemployment Rights Act (USSERA) requires that a person reemployed under its provisions be given credit for any months and hours of service he or she would have been employed but for the military service in determining eligibility for Family and Medical Leave Act (FMLA) leave. For more information, please refer to:

• Memo: Protection of Uniformed Service Members' Rights to Family and Medical Leave
• News Release: USERRA Protects Family and Medical Leave Rights of Reservists and National Guard
• FAQ: USERRA-FMLA