Understanding the Uniformed Services Employment and Reemployment Rights Act (USERRA)
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law enacted in 1994 to protect the employment and reemployment rights of individuals who serve or have served in the United States uniformed services. It ensures that service members can return to their civilian employment without suffering discrimination or loss of benefits due to their military service.
Key Provisions of USERRA
1. Employment Protection
USERRA prohibits employers from discriminating against employees or applicants based on their military service. This includes protection from adverse employment actions, such as hiring, promotion, or retention decisions, that are influenced by an individual’s military obligations.
2. Reemployment Rights
Service members have the right to be reemployed in their civilian jobs if they:
Provide advance notice to their employer prior to military service.
Serve in the military for five years or less (with some exceptions for involuntary service or training).
Are discharged under honorable conditions.
Apply for reemployment in a timely manner after returning from service.
3. Escalator Principle
Returning service members must be reemployed in the position they would have attained had they not been absent for military service, with the same seniority, status, and pay. This ensures they do not lose opportunities for advancement due to their absence.
4. Health Insurance Benefits
Employers are required to continue health insurance coverage for service members and their families for up to 24 months during military service. If the service member chooses not to continue coverage, they have the right to be reinstated in their employer’s health plan upon reemployment without any waiting periods or exclusions.
5. Disability Accommodations
If a service member returns from duty with a disability incurred during military service, USERRA mandates reasonable accommodations to help them perform their job. Employers must make efforts to place them in a comparable position if the original position is no longer feasible.
Who Is Covered by USERRA?
USERRA covers individuals serving in all branches of the military, including the Army, Navy, Marine Corps, Air Force, Coast Guard, and their respective reserves, as well as members of the National Guard when performing federal service. It also applies to commissioned officers in the Public Health Service and other categories designated by the President during wartime or national emergencies.
Employers of all sizes, including private businesses, federal and state governments, and local agencies, must comply with USERRA.
Enforcing USERRA Rights
The U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) investigates complaints related to USERRA violations. Employees may also file a lawsuit in federal court if their rights are violated. Remedies for violations may include reinstatement, back pay, lost benefits, and attorney fees.
Practical Tips for Employers and Employees
Employers: Develop policies that address USERRA compliance, train HR personnel, and maintain open communication with employees who are called to service.
Employees: Provide advance notice to employers, keep detailed records of military orders, and communicate promptly regarding reemployment requests.
Conclusion
USERRA is a vital law that upholds the rights of those who serve in the U.S. military, ensuring their sacrifices do not hinder their civilian careers. Both employers and employees should familiarize themselves with its provisions to promote compliance and protect the interests of service members returning to the workforce.
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