Uniformed Services Employment and Reemployment Rights Act (USERRA)

Author: Lynn Perry Parker Date: 07/25/2008

Categories: Employment Law & Litigation

Employment Law Bulletin

Uniformed Services Employment and Reemployment Rights Act (USERRA)

To many of you I sent this information regarding the USERRA after September 11, 2001. Now, with our country going to war with Iraq it is even more relevant and important to many people and employers. The USERRA protects employees who are in the National Guard, the reserves and those called and who sign up for active duty. Under the law, employers must treat such employees as though they never left their employment. Specifically, employees in military service are entitled to:

  • Unpaid leave for military duty or training, plus travel time;
  • Seniority while they are gone;
  • Security to return to their original job, plus any promotions they missed (or if leave is more than 90 days, a different job with the same pay status and seniority);
  • Job security for 6 to 12 months after returning from leave that is more than 30 days.

If you or anyone you know have any questions about this or any other employment law issue, please contact McMillan Metro at (301) 251-1180.