What are the protections for employees leaving for military training or duty?

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) has specific protections in place for employees to attend trainings for military duty and return to work as if no absence had occurred. USERRA provides employees the right to be reemployed if they leave to perform services in the uniformed service. USERRA applies to […]

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The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) has specific protections in place for employees to attend trainings for military duty and return to work as if no absence had occurred.

USERRA provides employees the right to be reemployed if they leave to perform services in the uniformed service. USERRA applies to employees who:

  • Give the employer advance written or verbal notice of their service
  • Have five years or less of cumulative service in the uniformed services while with that particular employer
  • Return to work or apply for reemployment in a timely manner after their service has ended
  • Not been separated from service with a disqualifying discharge or under other than honorable conditions

Employers are required to allow the employee to continue their existing employer-based health plan coverage for up to 24 months while in the military. Also, employees must be restored to the job and benefits they would have attained if they had not been absent.

Many states also have mandatory military leave laws, so check with your State law to learn more about these requirements.

Helpful Link:

Uniformed Services Employment and Reemployment Rights Act – DOL.gov

USERRA Advisor – DOL.goc

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