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USERRA: Job Protections for Service Members and Reservists

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The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects civilian jobs for people who serve in the military, including National Guard and Reserve members.

Core protections

  • Reemployment after qualifying service if requirements are met.
  • Protection from discrimination or retaliation because of military service.
  • Continued health coverage options during service.
  • Credit for time served in seniority and pension rights in many cases.

What service members should do

  1. Give your employer advance notice of service, written or verbal, when possible.
  2. Keep copies of orders and discharge records.
  3. Apply for reemployment within the time limit that depends on length of service.
  4. Ask about benefits and health coverage during leave.

Limits and exceptions

Total service time and type affect eligibility, and a discharge that is not favorable can end rights. An employer may not have to rehire if circumstances changed so much that it would be unreasonable.

If there is a problem

  • Contact the U.S. Department of Labor's veterans employment office, which handles USERRA claims.
  • You may also consult an attorney.
  • Keep a record of conversations and dates.

Frequently asked questions

Does USERRA cover all employers?

It covers most employers, public and private, regardless of size.

Do I get paid during military leave?

Not necessarily by law, but employers may offer it and rules vary.

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