Uniformed Services Employment and Reemployment Rights Act (USERRA) protects employees who have left work to perform uniformed military service for the United States. Assuming the requirements of USERRA have been satisfied by the service member, USERRA provides qualifying employees the following protections (to the extent applicable to the service member):
- Prompt Reinstatement
- Reemployment at “Same Status” (that is, reemployment in the same position or in a position of the same status as the employee’s prior position)
- Preservation of The Employee’s Accrued Seniority Rights
- Rights to Optional Continuation of Employer Provided Health Insurance Coverage during the Military Service or to Reinstatement of Employer Health Plan Coverage Upon Return to the Civilian Job
- Training, Retraining and Other Accommodation Rights (to retrain or requalify the service member for the civilian job)
- Special Protection against Discharge for Post-Service Employment
- The Same Rights to Other “Non-Seniority” Benefits (as those the employer offered to non- military service employees)
- Provide Leaves of Absence for Up to 5 Years (with some exceptions extending this limit)
- Protection of Individuals Against Discrimination Based on Past, Present or Future Military Obligations
- Suspension of “At Will” Employment for up to 1 year after Re-Employment
