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USERRA - Uniformed Services Employment and Reemployment Rights Act

If you're a U.S. military reservist who has or will be called to active duty, you and your family are protected under The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

USERRA is administered by the Veterans' Employment and Training Service (VETS), a division of the United States Department of Labor. The Act and subsequent statutes make it unlawful for employers to discriminate or retaliate against you because you served in the military. Additionally, they protect your employment rights and benefits while you're serving.

In a nutshell, USERRA

  • Minimizes disadvantages when you must take leave from civilian employment for military duty
  • Protects your rights and benefits, by clarifying the law and improving enforcement
  • Provides you with Department of Labor assistance in processing and settling claims against an employer who violates the laws
  • Expands the cumulative length of time that you may be absent from work for military duty, and still retain reemployment rights and certain employer-provided benefits

Depending on conditions of employment, benefits protected under USERRA include

  • Vacation
  • Promotion
  • Pay and raises
  • Pension
  • Medical and health insurance
  • Family and medical leave

For more information about your employment rights and benefits under USERRA, see Frequently Asked Questions for Reservists Called to Active Duty provided by the Department of Labor. See also the USERRA Advisor and other resource links in the sidebar, under Elsewhere on the Web.


"USERRA - Uniformed Services Employment and Reemployment Rights Act" is just a guide and not intended as legal advice. Neither the author nor publisher are engaged in rendering legal services. Please see an attorney for legal advice. Because laws vary by state and are subject to change at the Federal level, neither the author nor publisher guarantees the accuracy of this information. Should you act based on this information, you do so at your sole risk. Neither the author nor publisher shall have any liability arising from your decision to act on this information.

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Copyright © 2002, J. Steven Niznik. All Rights Reserved.

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