Uniformed Services Employment and Reemployment Rights Act
- Uniformed Services Employment and Reemployment Rights Act
-
A federal law that guarantees certain employment rights to employees who serve in the Army, Navy, Marine Corps, Air Force, Coast Guard, Reserves, Army or Air National Guard, or the Commissioned Corps of the Public Health Service. USERRA prohibits discrimination against these employees, requires employers to reinstate them to the position they would have held if not for serving in the military, requires employers to restore their benefits on return from military service, and prohibits employers from firing them, except for cause, for up to one year after they return from military service.
Category: Employment Law & HR → Employee Rights
Category: Employment Law & HR → Human Resources
Nolo’s Plain-English Law Dictionary.
Gerald N. Hill, Kathleen Thompson Hill.
2009.
- Uniformed Services Employment and Reemployment Rights Act
-
USA
A federal law governing an employee's rights when returning to work after serving in the uniformed services for, in most cases, less than five years.
Exceptions to the five-year limit include:
• Initial enlistments lasting more than five years.
• Periodic National Guard and Reserve training duty.
• Involuntary active duty extensions and recalls, especially during a time of national emergency.
(38 U.S.C. §§ 4301-4334.)
Employees returning from military leave are to be:
• Promptly re-employed.
• Reinstated with all rights and benefits that the employee would have earned without a break in employment.
• Protected from discrimination.
When re-employing an individual returning from military leave, an employer must make reasonable efforts to provide training or retraining as needed to integrate the returning employee into his new position.
Employers must also provide health benefits during the first 24 months of military leave. If the leave is longer than 30 days, the employee may have to pay up to 102% of the health insurance premium.
Practical Law Dictionary. Glossary of UK, US and international legal terms.
www.practicallaw.com.
2010.
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