The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), provides reemployment protection and other benefits for veterans and employees who perform military service. Under USERRA, if a military member leaves his civilian job for service in the uniformed services, he is entitled to return to the job, with accrued seniority, provided he meet the law's eligibility criteria. USERRA applies to voluntary as well as involuntary service, in peacetime as well as wartime, and the law applies to virtually all civilian employers, including the Federal Government, State and local governments, and private employers, regardless of size.

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 Eligibility

Reemployment rights extend to persons who have been absent from a 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 Reserve and Guard members who have been called up)
• 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 a person's fitness for any of the above types of 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.
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.

If you have questions concerning the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), please contact a USERRA lawyer at Werman Law Office, P.C.