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
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: