USERRA Uniformed services employment and reemployment rights act of 1994 Element 19

What it does Protects the jobs of many Sailors who have served on Active Duty or in the Reserves

Key Points USERRA prohibits employers from denying initial employment, reemployment, retention in employment, promotion, or any benefit of employment to an individual on the basis of his or her military service It applies to all public, private, and government employers in the United States, large and small

You enjoy protection if: You gave your employer advance written or verbal notice of your service / enlistment You have five years or less of cumulative service in the military You return to work or apply for re-employment in a timely manner (typically 90 days) after you separate from the Navy You have not been separated from service with a disqualifying discharge or under other than honorable.

You enjoy protection if: You join the Reserves and need to be absent from your job due to military service Again, you must give your employer advance written or verbal notice of your service And you must return to work or apply for re- employment in a timely manner: 1-30 days of service: Report next scheduled work day after safe travel and 8 hours rest 31-180 days of service: Apply within 14 days after completion of service

The “elevator position” rule You are entitled to reemployment in the job position that you would have attained if not for your absence due to military service. Includes seniority, status, and rate of pay Elevators go down, too; if your company downsized, you might find there is no job to return to

USERRA Scenario 1 Charmaine makes a timely application to her pre-service position and is turned down because the company is not hiring at this time.

USERRA Scenario 2 Brenda is honorably discharged after serving 10 years in the Navy and applies for her pre- service position 70 days after release from the military.

USERRA Scenario 3 Phil separates from the Navy and joins a Reserve unit. Phil applies for work, but is turned down by one employer who is worried about military call-ups

USERRA Assistance and Enforcement Department of Labor’s Veterans Employment and Training Services National Employer Support of the Guard and Reserve American Job Centers https://www.dol.gov/vets/programs/userra/index.htm

Resource USERRA Frequently Asked Questions

Questions?