A person must meet all of the following eligibility criteria:
Must have held a civilian job, which may include temporary jobs;
Must have given advance notice to their employer that they were leaving the job for service in a uniformed service, unless such notice is impossible or unreasonable;
The period of service does not exceed 5 years;
Some categories of military service do not count toward the 5-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.
Must have been released from service under honorable conditions; and
Must have reported back to the civilian job in a timely manner or have submitted a timely application for reemployment.
Term of military service = 1-30 days:servicemember must report to work at their next scheduled work period following sufficient time to safely travel from the military training site to their residence + 8 hours.
Term of military service = 31-180 days:servicemember must apply for reemployment within 14 days.
Term of military service = more than 180 days:servicemember must apply for reemployment within 90 days.
Accrued seniority, as if the person had been continuously employed
The returning servicemember does not step back on the seniority escalator at the point he stepped off, but at the point he would have occupied had he kept his position continuously during his military service.
The “status” the person would have attained if continuously employed;
For example, this includes location, opportunity to work during the day instead of at night, and the opportunity to work in a department or at such times when there are better opportunities to earn commissions or to be promoted.
Immediate reinstatement of civilian health insurance coverage, if the servicemember does not elect to continue their health insurance coverage during service;
Note that this is the servicemember’s choice, not the employer’s. So, in other words, the employer is obligated to continue the servicemember’s health insurance coverage at the servicemember’s election under the same conditions as if the servicemember was continuously employed. Therefore, if the servicemember normally has to pay premiums in order to receive health insurance coverage, she must continue to do so while performing military service.
Other non-seniority benefits, as if the person had been on a furlough or leave of absence, such as holiday pay or bonuses;
Training or retraining and other accommodations; and
USERRA requires an employer to make reasonable efforts to qualify the returning person for work, including training on new equipment or methods.An employer must also make a reasonable effort to accommodate a returning disabled servicemember otherwise entitled to reemployment.
An employer must also make a reasonable effort to accommodate a returning disabled servicemember otherwise entitled to reemployment.
A returning servicemember may have rights under USERRA based on a service-related disability that is not permanent. A servicemember who incurs a temporary disability may be entitled to interim reemployment in an alternate position provided he is qualified for the position and the disability will not affect his ability to perform the job. If no such alternate position exists, the disabled servicemember would be entitled to reinstatement under a “sick leave” or “light duty” status until he completely recovers.
If the servicemember’s disability is such that it cannot be accommodated and disqualifies her from her pre-service job, the employer is required to reemploy her in some other position which is most similar to the position to which she is otherwise entitled in terms of seniority, status, and pay.
USERRA also prohibits discrimination or reprisals against servicemembers by employers.
Under the law, an employer cannot deny initial employment, reemployment, retention, promotion, or any benefit of employment based on a person’s service or application to serve in the uniformed services.
Finally, an employer also may not take adverse employment action against a person because they either take enforcement action under USERRA, testify or assist in an USERRA investigation, or exercise any right provided by USERRA.