![]() Once a request for reemployment is made, the service member must be reemployed promptly (if federally employed, he must be reemployed no later than 30 days after his request). The timeframe depends on how long the service member has been absent:įor absences of 1-30 days, the service member is allowed time to travel home, plus 8 hours of rest, and must then report to work on the next working day.įor absences of 31-180 days, the service member has 14 days to contact the employer and request reemployment.įor absences of more than 180 days, the service member has 90 days to contact the employer and request reemployment.Įxtra time is allowed if the service member is recovering from an injury suffered during military service. Provided a service member meets the criteria set forth above, he or she must simply request reemployment or report back to work in a timely manner. USERRA entitles most returning service members to reemployment after a period of service. Uniformed service absences include:įitness for duty or other required examination The employee must be given the same benefits that are generally provided to a non-military employee who goes on a furlough or leave of absence. During these absences, the employee is deemed to be on a leave of absence or furlough, although he may use paid leave if desired. ![]() ![]() The goal is to treat the absent employee the same as if he had never left for military duty. USERRA provides a number of protections for employees who are absent from civilian work due to voluntary or involuntary uniformed service. The employee may also be required to provide orders after a period of military duty ends if she requested to use any type of paid leave while away on military duty.Īway on military deployment. If the period of service is more than 30 days, the employee may be required to provide copies of military orders after the period of military duty ends if she wishes to resume working, unless doing so is impossible or impracticable. While it is often easier to give notice well in advance, there is no specific time limit required. Before starting her military service, an employee must notify her employer verbally or in writing if the service conflicts with work. Examples of discrimination include:Īn employee not being promoted because she may be absent in the future due to military service Īn employee not being awarded a employer-wide raise or bonus because he was away on military duty for any or all of the applicable rating period Īn employee being disciplined because he had to perform military duty during working hours. For instance, if an employee believes his USERRA rights have been violated and files a complaint, the employer may not respond by firing, demoting, or otherwise retaliating against him. In addition, employees may not be retaliated against for exercising their USERRA rights, for filing a complaint under USERRA, or for assisting others in exercising their USERRA rights. Employers cannot take military service into account when they fire, discipline, promote, or award benefits to employees. USERRA protects members of the uniformed services during employment. Employers are allowed to reject a service member’s job application as long as the decision is not influenced by the job-seeker’s military service.Īctively engaged in civilian employment. USERRA does not automatically entitle service members to a civilian position. Examples of discrimination include:Ī job-seeker not being considered for a job because he may have a military obligation on the day his employer wants him to start work Ī candidate not being considered for a job because some of her Reserve duties conflict with the company’s normal working hours.Ī job-seeker not being considered for a job because he may be required to perform extended periods of military service with the National Guard or Reserves (i.e., a deployment overseas). When seeking employment, an applicant may not be discriminated against based on past, present, or future uniformed service. Additional Resources for Outreach, Training, & CertificationĪs employees move among these categories, different parts of USERRA may apply.Outreach, Training, & Certification FAQs. ![]() Outreach, Training, & Certification Overview.Alternative Dispute Resolution Overview.Your USERRA Rights as an Employee Currently selected.State, D.C., or Local Employee Hatch Act Information.Additional Resources for Disclosure of Wrongdoing.When a Disclosure Involves Counterintelligences or Foreign Intelligence Information.What Happens When an Employee Files a Disclosure?.Confidentiality & Anonymity When Filing a Disclosure.Who Can File a Disclosure of Wrongdoing?.What Happens When a PPP Complaint is Filed?.
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