Uniformed Services Employment and Reemployment Rights Act

The Uniformed Services Employment and Reemployment Rights Act (USERRA), which replaces the Veterans’ Reemployment Rights Act, very broadly prohibits employers from discriminating against individuals because of past, present, or future membership in a uniformed service (including periods of voluntary training and service). The Act:

1. Prohibits discrimination in employment, job retention and advancement;
2. Requires employers to provide retraining opportunities;
3. Requires health care and pension benefits to continue during leave;
4. Allows an employee to take military leave up to five years;
5. Provides additional protection for disabled veterans;
6. Requires employees to provide notice of their need for leave; and
7. Requires service members to notify their employers of their intention to return to work.

Individuals reemployed after a period of military service are generally required to be allowed to return to work to all the benefits and seniority they would have had if they had remained continuously employed.

Penalties for Non-Compliance

Back pay and benefits and liquidated damages (if conduct was willful).

Source: Society for Human Resource Management