Employer Support of the Guard and Reserve

March 29, 2017|Posted in: ESGR

Uniformed Services Employment and Reemployment Rights Act

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the federal law that establishes rights and responsibilities for members of the Guard and Reserve and their civilian employers.

USERRA affects employment, reemployment, employment benefits and retention in employment, when employees serve or have served in the uniformed services.

Employers: The law applies to all public and private employers in the United States to include federal, state and local governments; regardless of size.

Providing that the service member meets all criteria, USERRA requires employers to provide the following:

• Allow employees to participate in military service

• Prompt reinstatement into a job following military service

• Accumulation of seniority, including pension plan benefits

• Reinstatement of health insurance

• Training or retraining of job skills, including accommodations for the disabled

• Protection against discrimination Service Members

In general, if the employee is absent from a position of civilian employment by reason of service in the uniformed services, he or she is eligible for reemployment under USERRA by meeting the following criteria:

• The employer had advance notice of the employee’s service • The employee returns to work in accordance with USERRA guidelines

• The employee has not been separated from service with a disqualifying discharge, or under other than honorable conditions ESGR and USERRA: ESGR informs and educates service members and their civilian employers regarding their rights and responsibilities governed by USERRA.

ESGR does not have statutory authority to enforce, but serves as a neutral, free resource to employers and service members. ESGR’s trained ombudsmen provide mediation of employment and reemployment issues relating to compliance with USERRA.

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