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Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
Practical Law Glossary Item 5-502-5644 (Approx. 4 pages)
Glossary
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
A federal law governing an employee's rights when returning to work after serving in the uniformed services for, in most cases, less than five years.
Exceptions to the five-year limit on serving in the uniformed services include:
- Initial enlistments lasting more than five years.
- Periodic National Guard and Reserve training duty.
- Involuntary active duty extensions and recalls, especially during a time of national emergency.
(38 U.S.C. §§ 4301 to 4334.)
Employees returning from military leave are to be:
- Promptly reemployed.
- Reinstated with all rights and benefits that the employee would have earned without a break in employment.
- Protected from discrimination.
When reemploying an individual returning from military leave, an employer must make reasonable efforts to provide training or retraining as needed to integrate returning employees into their new position.
Employers must also provide health benefits during the first 24 months of military leave. If the leave is longer than 30 days, the employee may have to pay up to 102% of the health insurance premium. (38 U.S.C. § 4317(a)(2).)
USERRA is administered and enforced by the US Department of Labor.