One main fear that reservists have about returning from deployment is whether their civilian jobs will be waiting for them. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is intended to minimize the disadvantages that occur when an individual needs to be absent from his or her civilian employment to serve in the armed forces. USERRA makes major improvements in protecting service member rights and benefits by clarifying the law and improving enforcement mechanisms. It also provides reservists with Department of Labor assistance in processing claims. Specifically, USERRA expands the cumulative length of time that an individual may be absent from work for uniformed services duty and retain reemployment rights.

The law is intended to encourage non-career uniformed service so that America can enjoy the protection of a capable military, staffed by qualified people, while balancing the needs of private and public employers that also depend on these same individuals.

USERRA Covers Broad Scope
USERRA potentially covers every individual in the country who serves in or has served in the uniformed services and applies to all employers in the public and private sectors, including federal employers. The law seeks to ensure that those who serve their country can retain their civilian employment and benefits, and can seek employment free from discrimination because of their military service. USERRA provides enhanced protection for disabled veterans, requiring employers to make reasonable efforts to accommodate the disability.

USERRA defines "uniformed services" to include the following organizations

• U.S. Armed Forces (including the Coast Guard)
• Army National Guard and the Air National Guard when engaged in
• active-duty training
• inactive-duty training
• or full-time National Guard duty
• Commissioned corps of the Public Health Service
• Any other category of persons designated by the president in time of war or national emergency.

There are five general tests to establish coverage under USERRA.

• Job. All civilian jobs are covered, unless the employer can prove the job was truly a temporary position. USERRA applies to all private employers, state governments, and all branches of the federal government. Unlike some discrimination statutes, there is no "small business" exception.



• Notice. Military members or a responsible officer from their military unit must give advance notice to the employer before leaving for active duty. To ensure protection, send the notice by certified mail or have the employer sign a copy acknowledging receipt.



• Duration. Members can be gone from their civilian jobs for up to five years (total) with the same employer. Some categories of military service do not count toward the five-year limit, such as most periodic and special reserve and National Guard training, most service in time of war or emergency, and involuntary extensions on active duty.



• Character of Service. Veterans who have separated from the armed forces must have received an honorable or general discharge to be covered by USERRA. In other words, veterans who received dishonorable discharges, bad conduct discharges, under other than honorable conditions discharges, and those who were dismissed or dropped from the rolls are not covered by USERRA protection.



• Prompt Return to Work. USERRA sets forth different time limits for returning to work, depending upon the length of their absence due to military service.

Veterans are entitled to certain protection both while in military service and when they return to their civilian position:

• Prompt Reinstatement. Veterans who were gone 30 days or less are entitled to their job back immediately. Those who were away longer than 30 days must be rehired within a few days.



• Status and Seniority. In most cases, veterans must be promptly reemployed in the job that they would have had, had they remained continuously employed (the so-called "escalator principle"). Generally speaking, this means that if peers received promotions and/or raises while the member was gone, the member does, too.



• Health Benefits. Veterans and their families have two types of health benefit rights:



• Health Insurance During Service. If requested, employers must continue to carry veterans and their families on the company health plan for up to 30 days of service, at the normal cost. Veterans can get up to 24 months of coverage, but the employer may pass the full cost, including the employer's share, on to the member.



• Immediate Reinstatement of Health Benefits. Veterans and their families may choose to go back on the company health plan immediately when they return to their civilian jobs. There can be no waiting period and no exclusion for pre- existing conditions, other than for VA-determined service-connected conditions.



• Pension Benefits. USERRA specifically guarantees those pension plan benefits that accrued during military service, regardless of whether a plan is a defined benefit plan or a defined contribution plan.



• Accommodations for Disabilities Incurred in Military Service. Employers must provide reasonable accommodation for such disabilities, unless the employer can demonstrate undue hardship.



• Protection Against Discharge Without Cause. Reemployed veterans enjoy protection from discharge without cause after returning to work. The duration of this protection depends on the length of absence.



• Protection Against Discrimination. USERRA prohibits employment discrimination based on past, present, or future military obligations. This prohibition extends to most employment-related decisions including hiring, retention, promotion, reemployment, termination, and benefits.

USERRA for Veterans
Veterans have different methods of enforcing USERRA rights, depending on whether their employer is a federal agency, a state agency, or a private company and whether they wish to resolve things informally, through administrative channels, or through litigation. Veterans can contact the National Committee for Employer Support of the Guard and Reserve (NCESGR), (800 336-4590). NCESGR is an agency within the Office of the Assistant Secretary of Defense for Reserve Affairs with the goal of improving relations between the guard and reserve and employers. They have volunteer ombudsmen who attempt to resolve disputes between veterans and employers.

USERRA is administered by the United States Department of Labor, through the Veterans' Employment and Training Service (VETS). VETS provides assistance to those persons experiencing service-connected problems with their civilian employment and provides information about the act to employers.