Uniform Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. s. 4301, et seq.) (20 CFR Part 1002)
- Employees are requited to provide their employers with advance notice of military service unless military necessity prevents the giving of notice.
- Employees returning from service in the armed forces, the reserves or the National Guard after absences of five years or less (with certain exceptions) and who have been honorably discharged are entitled to reinstatement depending on their length of service.
- If the returning employee was disabled while in the service, the employee must be offered another job of comparable seniority, status and pay and the deadline for reporting to work may be extended for up to two years.
- Employees who take a military leave of absence also are entitled to:retain and accrue benefits tied to seniority, elect and pay for continued health care coverage, and participate during the leave in insurance and other benefits not determined by seniority to the same extent as employees granted other types of leave.
- A person who is reemployed by an employer shall not be discharged from such employment, except for cause - within one year after the date of such reemployment if the person's period of service before the reemployment was more than 180 days; or within 180 days after the date of such reemployment if the person's period of service before the reemployment was more than 30 days but less than 181 days.
- A person who has an obligation to perform service in a uniformed service cannot be denied initial employment, reemployment, retention in employment, promotion or any benefit of employment on the basis of that obligation.
- This statute prohibits discrimination in employment on the basis of military service. It also prohibits retaliation against someone who takes steps to oppose such discrimination. (38 U.S.C. s. 4311)
- The U.S. Supreme Court recently ruled that this Statute gives returning veterans the right to reclaim their prior jobs with state employers and authorizes suit if those employers refuse to accommodate them. The States cannot invoke sovereign immunity as a legal defense. Torres v. Texas Department of Public Safety, __ U.S. __ (2022)
- A person who believes that his/her employer has violated this Statute can file a complaint with the U.S. Department of Labor at this website.
[ Up ][ Home ] [ Case of the Week ] [ Summaries ] [ Web Sites ] [ About the Author ] [ Contact Us ]