Servicemembers & Deployment
Uniformed Services Employment and Reemployment Rights Act (USERRA)
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) ensures Reservists that their jobs will be waiting for them after they return from an active duty deployment.
Your Rights as a Reservists
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Reservists called to duty for 30 days or less must get their job back immediately. Reservists deployed longer than 30 days must be rehired within a few days after their return from active duty.
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In most cases, reservists must be promptly re-employed in the job that they would have had, and receive any raises or promotions that they would have gotten in their absence.
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Reservists are entitled to 30 days of health insurance from their employers at the normal cost after they leave for deployment. Futhermore, they can keep their employer health insurance for up to 24 months, but they may be responsible for the full cost "including the employer’s share."
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Reservists can go immediately back on their employer’s health care plan when they return to Reserves status. There must be no waiting period or exclusion for pre-existing conditions.
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Reservists are entitled to full pension plan benefits accrued during military service.
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Employers must provide reasonable accommodation for any disabilities incurred during service, unless they can prove undue hardship in providing these accommodations.
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Reservists are protected against discharge without cause after returning to work. The duration of this protection depends on the length of the Reserve member’s absence.
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USERRA prohibits employment discrimination based on past, present, or future military obligations.
Eligibility
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All civilian jobs are covered, unless the employer proves the job was only temporary. All private employers, state governments and branches of the federal government must comply. There are no small-business exceptions.
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Servicemembers or a responsible officer from their military unit must give advance notice to employers before a servicemember leaves for active duty. To ensure protection, give notice by certified mail.
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Servicemembers can be absent from their civilian jobs for up to five years with the same employer. Some military service does not count toward the five-year limit, such as Reserve and National Guard training, service in time of war or emergency and extended time on active duty.
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Reservists must have received an honorable or general discharge to be covered by USERRA.
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USERRA requires that reservists return to work within a certain amount of time, depending on the length of their tours.
