USERRA Reemployment Rights

The Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. chapter 43, covers nearly every civilian employer, public and private, of any size. A worker who leaves for uniformed service, including Guard and Reserve duty, has the right to be rehired in the job they would have held had they not left, with the seniority, status and pay that go with it. The protection lasts for up to five years of cumulative service with one employer, with exceptions such as required drills and involuntary call-ups that do not count toward the limit. The worker must give advance notice unless military necessity prevents it, and leave under honorable conditions. Returning to work depends on how long the service lasted: for under 31 days, report on the next regular workday after safe travel home and eight hours' rest; for 31 to 180 days, apply within 14 days; for more than 180 days, apply within 90 days. A worker cannot be fired without cause for one year after a service of more than 180 days, or 180 days after a service of 31 to 180 days. Employer health coverage can be continued during service for up to 24 months. The Labor Department's Veterans' Employment and Training Service investigates complaints, and the Office of Special Counsel or the Attorney General can take a case.