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USERRA Uniformed Services Employment and Reemployment Rights Act. *Enacted in October of 1994* USERRA provides reemployment protection and other benefits to veterans and employees who perform military service. Applicability of USERRA.

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userra uniformed services employment and reemployment rights act

USERRAUniformed Services Employment and Reemployment Rights Act

*Enacted in October of 1994*

USERRA provides reemployment protection and other benefits to veterans and employees who perform military service.

applicability of userra
Applicability of USERRA
  • It applies to all employers, regardless of the size of their business.
  • Part time positions are protected unless it is a brief period of time.
  • It does not protect independent contractors or others that are self-employed.
definitions of userra
Definitions of USERRA
  • Service- the law protects persons who perform service in the uniformed services- this includes active or inactive duty under federal authority. This does not include state call-ups of the Army or Air National Guard.
  • Uniformed services - includes the active and Reserve components of the Armed Forces, the Army and Air National Guard, the Commissioned Corps of the Public Health Service and any other category of persons designated by the President in time of war or emergency.
discrimination of userra
Discrimination of USERRA
  • It prohibits discrimination in hiring, retention, promotions, or other benefits of employment against a person who performs a service in a uniformed service.
  • Employers are prohibited from reprisal against anyone who exercises USERRA rights or anyone who aids in an investigation, even if they are not connected to the military.
eligibility of userra
Eligibility of USERRA

Five Criteria to qualify for reemployment rights:

  • Employees must have left a civilian job.
  • Employees must have given notice that they were leaving to perform military service.
  • The cumulative period of service must not have exceeded 5 years.
  • Employees must have been released from service under honorable or general conditions.
  • Employees must have reported back to work or applied for reemployment within time constraints prescribed by law.