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pay, seniority, and benefits they would have enjoyed if continuously employed as a civilian.

The basic conditions of eligibility are that (1) the employee gave advance notice to the

employer of the uniformed service requirement, (2) the employee has five or less years of

total uniformed service while with this particular employer, (3) the employee made a timely

return to work or application for reemployment, and (4) the employee was not separated from

uniformed service with a disqualifying discharge or under other than honorable conditions.

USERRA rights can change employment at-will status. If the civilian employee’s

uniformed service was for more than 30 but less than 181 days, then she cannot be

discharged from her civilian job within 180 days of reemployment unless the discharge is for

“cause.” If the uniformed service was for more than 180 days, then the returning employee

cannot be discharged within a year of reemployment unless the discharge is for “cause.”

USERRA contains obligations relating to health insurance, pension plans and other benefits

as well as notice requirements.

CHECK THE INTERNET

  • Additional information on USERRA is available at the

    • U.

      S. Department of Labor: www.dol.gov.vets

  • The Department of Labor’s interactive online USERRA advisor can be viewed at: www.dol.gov/elaws/userra.htm

  • The USERRA Notification of Rights poster is available at:

www.dol.gov/vets/programs/poster.htm

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