Enacted in 1994, USERRA serves as a crucial piece of legislation designed to safeguard the employment and reemployment rights of service members who leave their civilian jobs to answer the call of duty. The goal was to ensure those returning from service could more easily reintegrate into the workforce. What are the key provisions of USERRA, and what does it do?
What is the Uniformed Services Employment and Reemployment Act?
Under certain circumstances, the USERRA requires employers to save an individual’s job for them while they serve in the military. This allows them to pick up where they left off in a timely manner when returning to civilian life. It also gives them certain protections regarding discrimination they may face as a result of their service.
What Are the Requirements to Qualify Under the USERRA?
In order to qualify under the USERRA, there are several considerations:
- If the employee serves 31 days or less: They must return to work by the beginning of the first regularly scheduled work period after the end of the calendar day of duty. Time is required to return home and have an eight-hour rest period. If these requirements are deemed unreasonable or impossible, then as soon as possible.
- If the employee serves for 31 to 180 days: They must apply for reemployment no later than fourteen days after the completion of their military service. If this is deemed unreasonable or impossible, then do it as soon as possible.
- If the employee serves 181 days or more: They must apply for reemployment no more than 90 days after the completion of their military service.
- If the employee suffers from a service-connected injury or illness: Their reporting and application deadlines are extended for up to two years if they were hospitalized or recovering,
If You Have Questions, Contact an Attorney
If you are having a challenging time recovering your job after returning from service, we can help. Please do not hesitate to contact our office at (248) 519-2313 to see how we can help you on your legal journey. An experienced attorney can provide personalized guidance tailored to your specific situation, helping you navigate the complexities of USERRA and ensuring that your rights are protected.