USERRA Rights and Protections
USERRA protects civilian job rights and benefits for veterans and members of the armed forces. It prohibits employers from discriminating against past and present members of the uniformed services. USERRA applies to voluntary and involuntary service, in peacetime and wartime. It covers federal, state and local governments, and private employers of all sizes.
General Rights under USERRA
- The servicemember must be promptly reemployed at the escalator position and receive associated benefits.
- Employers cannot discriminate based on uniformed service.
- Employees have protection from retaliation in USERRA claims.
Reemployment Criteria
You have reemployment rights if you ensure your employer receives advance notice of service, and have five years or less cumulative uniformed service with that employer. Returning to work after deployment can be stressful, and attorneys are ready to help.
Advance Notice Requirement
USERRA requires that service members provide advance written or verbal notice to their employers for all military duty unless giving notice is impossible, unreasonable, or precluded by military necessity. An employee should provide notice as far in advance as is reasonable under the circumstances.
Additional Protections and Related Legislation
USERRA is a follow up to the Veterans Reemployment Rights (VRR). The Soldier and Sailors Civil Relief Act (SSCRA) and the Family and Medical Leave Act (FMLA) go further to protect our service members and are used in conjunction with USERRA. USERRA guarantees reemployment for military members for up to five years of service, with certain exceptions for initial enlistments of more than five years.
Employer Obligations
- The employer must carry over any PTO balances the employee had accrued prior to his or her military leave and has not used.
- USERRA requires businesses to make reasonable efforts to accommodate a returning veteran with a disability.
Understanding USERRA
The key is understanding what your rights are under USERRA, which applies to virtually all employers, including the Federal Government. USERRA violations can result in severe punishment for companies and individuals in violation of its statutes.
Noncompliance Risks
Most employers want to do the right thing by hiring back returning veterans, but there is uncertainty around the compliance issues of USERRA. Noncompliance can lead to liquidated damages. For more information on USERRA and your obligations as an employer, consider consulting with experts like Snelling, who are versed in employment law and heavily involved in veterans’ issues.