The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a comprehensive federal law enacted in 1994 to ensure that individuals who serve or have served in the uniformed services are entitled to return to their civilian employment with the same rights. USERRA aims to minimize the disadvantages to civilian careers that can result from service in the uniformed services, and to ensure that individuals are not discriminated against based on their service.
Key Provisions of USERRA
Reemployment Rights
USERRA establishes strict reemployment rights for returning service members:
- Prompt Reemployment: Upon returning from service, individuals are entitled to be reinstated to their previous position or a comparable one.
- Escalator Principle: The returning employee should be restored to the position they would have attained with reasonable certainty if not for the period of military service.
Anti-Discrimination
USERRA protects against discrimination in employment based on military service:
- Hiring and Promotions: Employers cannot deny employment, reemployment, retention, promotion, or any benefits of employment due to an individual’s service.
- Initial Hiring and Reemployment: Both initial hiring and reemployment must be free from service-based bias.
Benefits and Pension Plans
USERRA ensures that returning service members receive the same benefits as if they had been continuously employed:
- Health Insurance: Coverage can be continued for up to 24 months while in the service.
- Pension Plans: Military service must be treated as continuous employment for the purposes of pension plan benefits.
Applicability
- Who Is Covered?: USERRA applies to members of the Army, Navy, Marine Corps, Air Force, Coast Guard, Public Health Service commissioned corps, and reserves.
- Employers: The act applies to all public and private employers in the United States, regardless of size.
Historical Context
Enacted in 1994, USERRA succeeded and expanded upon earlier reemployment rights laws for military service members. Historical precedents include the Selective Training and Service Act of 1940, which first established reemployment rights for those serving in the Armed Forces during World War II.
Special Considerations
Notice Requirements
Service members must provide advance notice (oral or written) to their employers prior to leaving for military service, when possible, to be eligible for USERRA’s protections.
Limit on Service Duration
For the reemployment rights to remain valid, the cumulative length of an individual’s military service cannot exceed five years, with some exceptions for periods of war or national emergency.
Examples and Cases
Example Scenario
An employee, Jane Doe, is called to serve in the National Guard for two years. Jane informs her employer in advance of her deployment and returns to her civilian job after her service. Under USERRA, Jane is entitled to be reinstated to her former position or an equivalent one, with the same seniority, status, and pay.
Notable Case
In Serricchio v. Wachovia Securities, LLC (2011), the court upheld the rights of a returning service member denied reemployment by the financial firm, reinforcing the principles of USERRA.
Related Terms
- Selective Service: A system by which men are drafted into military service.
- Veteran’s Preference: Laws providing employment preference to veterans of military service.
FAQs
What constitutes uniformed service under USERRA?
Can employers terminate employees who return from military service?
How long does an employee have to notify their employer of their return from service?
References
- U.S. Department of Labor - https://www.dol.gov/agencies/vets/programs/userra
- Legal Information Institute - https://www.law.cornell.edu/uscode/text/38/chapter-43
Summary
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a vital law that safeguards the employment rights of U.S. service members. By ensuring prompt reemployment, non-discrimination, and continuity of benefits, USERRA reflects a commitment to support those who serve in the nation’s defense. Through its comprehensive structure, the law addresses the challenges faced by service members seeking to balance their military and civilian careers.
