For direct access to the portal sponsored by the National Committee for Employer Support of the Guard and Reserve (ESGR), go to the ESGR Web site.

For more information on rights and entitlements under the Uniformed Services Employment and Reemployment Act, refer to the JAGCNET Legal Services Web Site.

Basic Provisions

Uniformed Services Employment and Reemployment Rights Act (USERRA)
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the employment rights of National Guard, Reserve and Active component members of the armed forces. The act, effective 12 December 1994, is in Title 38, chapter 43 of the United States Code.

USERRA provides protections for initial hiring and adverse employment actions by an employer if the actions are motivated by your military service. The law applies to voluntary and involuntary service, in peacetime as well as wartime. USERRA does not apply to state military duty or governor call-ups of National Guard members for disaster relief, riots, etc. However, protection for such duty is generally provided by individual state statutes.

The National Committee for Employer Support of the Guard and Reserve (ESGR)
The National Committee for Employer Support of the Guard and Reserve (ESGR) is an agency within the Office of the Assistant Secretary of Defense for Reserve Affairs. ESGR promotes cooperation and understanding between Reserve component members and their civilian employers and assists in the resolution of conflicts arising from an employee's military commitment. Established in 1972, ESGR operates through a network of more than 4,500 volunteers throughout 54 committees located in each state, the District of Columbia, Guam, Puerto Rico and the Virgin Islands.

Eligibility Requirements for Job Protection Under USERRA

To be eligible for protection under USERRA, you must meet all of the following conditions:

1. Hold or have applied for a civilian job.
2. Provided written or verbal notice to your civilian employer prior to leaving your job for military training or service except when precluded by military necessity.
3. Not exceed the 5-year cumulative limit on periods of service.
   Note: The 5-year cumulative limit under USERRA does not include:
   1. Military service or training in excess of five years to fulfill an initial period of obligated service.
   2. Required drills, annual training and other training certified by the military to be necessary for professional development or skill training/retraining
   3. Service performed during time of war or national emergency or for other critical missions/contingencies/military requirements. Involuntary and Voluntary service of this type is exempt from the 5-year limit.
4. . Released from service under conditions other than dishonorable.
5. Reported back to your civilian job or submitted an application for reemployment in a timely manner.

Returning to Work

As a member of the Guard or Reserve, you must provide proof of military duty when granted a leave of absence from your civilian job. Following your periods of military service of 31 days or more, USERRA requires that you must, upon the employer's request, provide documentation that establishes length and character of the service and the timeliness of the application for reemployment.

The following documents satisfy proof of eligibility for reemployment according to the Secretary of Labor:

• Discharge papers
• Leave and earnings statements
• School completion certificate
• Endorsed orders
• Letter from a proper military authority

Completion of Military Service: Up to 30 Consecutive Days

When you serve for up to 30 consecutive days, you must report back to work for the first full regularly scheduled work period on the first full calendar day following the completion of the period of service and safe transportation home, plus an 8-hour rest period. If your ability to report becomes "impossible or unreasonable (through no fault of the employee)," you must report back as soon as possible after the expiration of the 8-hour period.

Completion of Military Service: 31-180 Days

When you serve for 31-180 days, you must submit a written or verbal application for reemployment with the employer not later than 14 days after the completion of the period of service. If you cannot submit the application within 14 days because it is "impossible or unreasonable through no fault of the employee," you must submit the application as soon as possible thereafter.

Completion of Military Service: 181 Days or More

When you serve for 181 days or more, you must submit an application for reemployment no later than 90 days after completion of the period of service. These deadlines to report to work or apply for reemployment can be extended up to two years to accommodate a period during which a person was hospitalized for or convalescing from an injury or illness that occurred or was aggravated during a period of military service.

ESGR Ombudsman Program

The Ombudsmen Services Program was established in 1974 to provide information, counseling and informal mediation of issues relating to compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). The Ombudsmen Services Program provides information, informal mediation, and referral service to resolve employer conflicts. ESGR is not an enforcement agency and does not offer legal counsel or advice. More than 95 percent of all such requests for assistance are resolved in this informal process, without requiring referral to the Department of Labor for formal investigation.

You can contact ESGR Ombudsmen Services through your local ESGR Committee or the National ESGR Headquarters or use the toll-free number, (800) 336-4590, and ask for Ombudsmen Services. ESGR Ombudsmen are qualified to help, sympathetic to the needs of both the employers and employees, and committed to remaining impartial in their counsel.

Each of the 54 ESGR Committees (one in each state, the District of Columbia, Guam, Puerto Rico and the Virgin Islands) has trained volunteer Ombudsmen ready to assist you. Many of them are local business leaders and their stature in the community contributes to their effectiveness in mediation.

As an alternative, the National ESGR Headquarters has full-time staff in its Ombudsmen Services Directorate (available throughout the business week) or call the toll-free number at (800) 336-4590 and ask for Ombudsmen Services.