USERRA - Factors Giving Rise to Reemployment Rights

Document created by 1050210 on Nov 12, 2014
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Published Date: 06/02/2014


John; Gupton

By John Gupton


The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides certain reemployment rights and benefit protections for military personnel, including members of the National Guard and reservists. It protects applicants and employees who serve in the military, or who apply to serve, from employment discrimination, and provides employment and reemployment rights after completion of military service.


USERRA also restores the employee returning from uniformed service to his or her previous employment position with all seniority, pay, status and benefits that would have accrued but for military leave. This right to reemployment applies to uniformed service, whether voluntary or involuntary.


Employers are required to reemploy a returning employee in his or her former job or a position of like seniority, status and pay provided that:


  • the employee provides advance notice, oral or written, of his or her service obligation where possible;
  • the individual’s cumulative military leave with the employer does not exceed five years absent an exception under USERRA;
  • the employee reports to or applies for reemployment in accordance with USERRA; and
  • the individual has satisfactorily completed his or her service and was released under honorable conditions. Discharge or separation from service that is dishonorable, based on bad conduct, less than honorable grounds, AWOL or ends in a court martial disqualifies a person from receiving the rights afforded under the Act.


For more information on USERRA, go to