Job Protections for Members of the Military

The Uniformed Services Employment and Reemployment Rights Act (USERRA) stands as a vital shield protecting service members' civilian careers while they serve our nation. Enacted in 1994, USERRA ensures that members of the uniformed services can return to their civilian jobs after military service without facing discrimination or losing seniority-based benefits. This federal law applies to virtually all U.S. employers, regardless of size, and covers both voluntary and involuntary service members, including those in the Reserves and National Guard.

One of USERRA's most significant protections is the right to reemployment. Service members who leave their civilian jobs for military duty are entitled to return to their previous position or a position of similar seniority, status, and pay, provided they meet basic eligibility criteria. These criteria include giving advance notice of military service when possible, having five years or less of cumulative military service while with that employer, and returning to work or applying for reemployment within the time limits specified by law. Additionally, employers must make reasonable efforts to accommodate service members who return with disabilities incurred or aggravated during military service.

Perhaps most importantly, USERRA prohibits employment discrimination based on an individual's military service. Employers cannot deny initial employment, reemployment, retention, promotion, or any other advantage of employment because of an individual's military service. The law also requires employers to continue certain benefits during military service and restore health insurance coverage immediately upon reemployment without waiting periods or exclusions for preexisting conditions. Service members who believe their USERRA rights have been violated can file complaints with the Department of Labor's Veterans' Employment and Training Service (VETS) or seek private legal representation to enforce their rights.

If you think your employer has failed to comply with USERRA, it's important to speak with an employment attorney who can help you understand your rights.