Uniformed Services Employment and Reemployment Rights Act
The
Uniformed Services Employment and Reemployment Rights Act (USERRA) provides
reemployment protection and other benefits for veterans and employees who perform military
service. Under USERRA, if a leave leaves your civilian job for service in the uniformed
services, you are entitled to return to the job, with accrued seniority, provided you meet the
law's eligibility criteria. USERRA applies to voluntary as well as involuntary service and in
peacetime as well as wartime. The law applies to virtually all civilian employers, including
the federal government, state and local governments, and private employers, regardless of
size.
USERRA Eligibility
You are eligible for protections under these reemployment rights if you have been absent from
your position of employment because of "service in the uniformed services." "Service in the
uniformed services" means the performance of duty on a voluntary or involuntary basis in a
uniformed service, including:
- Active duty (Including activated Guard and Reserve members)
- Active duty for training
- Initial active duty for training
- Inactive duty training
- Full-time National Guard duty.
- Absence from work for an examination to determine fitness for duty.
- Funeral honors duty performed by National Guard or reserve members
In order to have reemployment rights following a period of service in the uniformed services,
a military member must meet five eligibility criteria (discussed separately below):
1. You must have held a civilian job.
2. You must have informed your employer that you were leaving the job for service in the
uniformed services.
3. The period of service must not have exceeded five years. (Many types of duty, such as
training and contingency operations, are exempted from the five year limitation)
4. You must have been released from service under "honorable conditions."
5. You must have reported back to your civilian employer in a timely manner or have submitted a
timely application for reemployment. Timely is defined as:
a. 1-30 days of service, report the next scheduled work day
b. 31-180 days of service, apply within 14 days after completion of service
c. 181+ days of service, apply within 90 days after completion of service
Contact the U.S. Department of Labor, Veterans’ Employment and Training Service (VETS),
for assistance under the Uniformed Services Employment and Reemployment Rights Act of 1994. A
complete list of VETS state directors is available on the Internet at
http://www.dol.gov/vets/.
Date Last Reviewed: June 29, 2009
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