USERRA is a federal statute that protects
servicemembers' and veterans' civilian employment rights
. Among other things, under certain conditions, USERRA requires employers to put individuals back to work in their civilian jobs after military service.
What employers does USERRA apply to?
USERRA applies to
virtually all employers
, regardless of size, including the Federal Government. While the information presented herein applies primarily to private employers, there are parallel provisions in the statute that apply to Federal, State and Local Government employers.
Who does the Userra Act protect?
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law, passed in 1994, that protects
military service members and veterans from employment discrimination
on the basis of their service, and allows them to regain their civilian jobs following a period of uniformed service.
What are the legal issues associated with USERRA?
What is USERRA? … Under USERRA, it is also
illegal for an employer to discriminate against current, past, or future service members when it comes to being hired
. Also forbidden is discrimination against service member employees regarding promotion, benefits, or other workplace advantages.
Does USERRA cover family members?
The FMLA/USERRA Overlap
It prohibits discrimination against any person on the basis of such military service. … Eligible employees may take up to 12 weeks of FMLA leave because of a qualifying exigency arising out of the fact that
the employee's family member is a covered military member on covered active duty
.
Can you be fired while on military leave?
Prevent firing without cause
– In addition to being protected from discrimination, employees who take military leave of absence are also protected from retaliation. Employers cannot fire an employee because of military leave.
Does my employer have to hold my job if I join the military?
Basic protections under the law include: Employers may not deny employment, reemployment, retention in employment, promotion or any other benefit of employment because of past or present membership in the armed forces or intent to join the military. …
Employers must grant time off for military duty
.
Can USERRA rights be waived?
of the Air Force, 2011 MSPB 99 (November 30, 2011), the Merit Systems Protection Board has held that
a federal employee may waive rights to pursue a claimed violation of
the Uniform Services Employment and Reemployment Rights Act (USERRA) in a settlement agreement that contained a waiver of all employment disputes.
How long does USERRA protect my job?
USERRA establishes the cumulative length of time that an individual may be absent from work for military duty and retain reemployment rights to
five years
(the previous law provided four years of active duty, plus an additional year if it was for the convenience of the Government).
What qualifies as military leave?
Definition. “Military Leave” is
any time off
that is provided to staff who are members of the National Guard or other reserve component of the United States Armed Services and who are called to active duty, attend scheduled reserve service, and/or temporary training duty.
What is a USERRA violation?
A
person who claims that a federal agency has failed or refused to comply with the provisions of USERRA with respect to the employment
or reemployment of such person may file a complaint with the Secretary of Labor, who will investigate the complaint and attempt to resolve it if the Secretary's investigation reveals …
What happens if an employer violates USERRA?
Penalties for USERRA violations can result in
the payment of lost wages and/or benefits
. Attorney's fees are also awarded to the prevailing party. In addition, liquidated damages may be available for willful violations.
What responsibility does your employer have after you return from military service?
What is your employer required to do? USERRA requires
an employer to promptly reemploy you when you return
from military service. The employer must put you back into the same position, and you may also be entitled to advancement to a higher position that you would have obtained had you never left.
Can military leave be denied?
Military leave can be requested at any time but
it's up to your chain of command to approve or deny such leave
. Some leave is not associated with rest and recreation, morale, or vacations–and as such your chain of command may approve it immediately depending on circumstances.
Is military leave a right or a privilege?
Leave is
a right (not a privilege)
that is granted by Congress under federal law. … However, the commander approves or denies all leave requests based on unit mission/training, pending Uniformed Code of Military Justice action, administration action, health and welfare of the Soldiers or unit strength percentages.
Is military leave considered FMLA?
The military family leave provisions of the Family and Medical Leave Act (FMLA) entitle eligible employees of covered employers to take FMLA leave for any “qualifying exigency” arising from the foreign deployment of the employee's spouse, son, daughter, or parent with the Armed Forces, or to care for a servicemember …
