Overview of USERRA
The Uniformed Services Employment and Reemployment
Rights Act of 1994 (USERRA) was signed into law on October 13, 1994. USERRA clarifies and
strengthens the Veterans' Reemployment Rights (VRR) Statute. The Act itself can be found in
the United States Code at Chapter
43, Part III, Title 38.
The Department of Labor has issued regulations
that clarify its position on the rights of returning service members to family and medical leave
under the Uniformed Services Employment and Reemployment Rights Act
(USERRA). See 20 CFR Part 1002.210.
USERRA is intended to minimize the disadvantages to an
individual that occur when that person needs to be absent from his or her civilian
employment to serve in this country's uniformed services.
USERRA makes major improvements in protecting service member rights and benefits
by clarifying the law and improving enforcement mechanisms. It also provides
employees with Department of Labor assistance in processing claims.
USERRA covers virtually every individual in the country who serves in or has served in
the uniformed services and applies to all employers in the public and private sectors,
including Federal employers. The law seeks to ensure that those who serve their country
can retain their civilian employment and benefits, and can seek employment free from
discrimination because of their service. USERRA provides protection for disabled
veterans, requiring employers to make reasonable efforts to accommodate the disability.
USERRA is administered by the United States Department of
Labor, through the Veterans' Employment and Training Service (VETS). VETS provides
assistance to those persons experiencing service connected problems with their civilian
employment and provides information about the Act to employers. VETS also assists
veterans who have questions regarding Veterans' Preference. For more information, please
visit the Veterans
Preference Advisor.
This USERRA Advisor has been designed
to answer questions about the rights and responsibilities for both the employee and
employer. For additional information, please contact your local VETS office.
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