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Military Leave Laws Move to the Frontlines
The Uniformed Services Employment and Reemployment Rights Act ('USERRA' or the 'Act') tends to be the employment-related statute most frequently placed on the back burner. Of course, this quickly changes when an employee seeks its protection or privileges. When that happens, managers and human resource professionals are often caught behind the eight ball trying to navigate requirements and entitlements of the law. Often, they are forced to seek internal or external legal advice concerning the employer's obligations under the Act. While the statute is intended to maintain a balance between the needs of the United States military and public/private employers, it can cause hardships if employers are not prepared. In light of ongoing global military conflicts and surges in non-career uniformed services personnel called to active duty, in-house counsel and company executives are wise to review USERRA's requirements and implement education and training initiatives within their organizations.
A Primer on USERRA
The Uniformed Services Employment and Reemployment Rights Act was enacted in 1994 as a comprehensive revision of the Veterans' Reemployment Rights law. Generally, the law: 1) provides protection from discrimination on the basis of military status; 2) protects employees from retaliation; 3) provides job protection and certain benefits continuation during military leave; 4) provides reemployment rights to employees returning from active duty, reserve duty or training in the armed services; and 5) protects the returning service member from termination without cause for a specified time period following reinstatement. The 'armed services' includes the Army, Navy, Marine Corps, Air Force, Coast Guard, and the Public Health Service Commissioned Corps. Many state regulations provide similar coverage for state call-ups of the National Guard for disaster relief, riots, etc.
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