History

• Protections for persons called into service were first passed in the Selective Training and Service Act of 1940. The first law prevented employers from penalizing military personnel for being called away from their jobs. Over the years, the specifics of the law were changed and amended. Other versions of the act include the Veterans Reemployment Rights Act (VRR), the Sailors Civil Relief Act (SSCRA) and the Family and Medical Leave Act (FMLA). The military leave act was revised and signed into law by President Clinton under the name of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
  
  

USERRA Basic Protections

• USERRA governs the manner in which employers treat employees called into service. Under the law, employers must allow service personnel to return to their civilian jobs after their tour of duty is complete. USERRA protects returning military personnel from discriminatory or retaliatory action based on their absence. Employers must reinstate employees in a manner that compensates for seniority and offer them the pay rate they would have achieved if they had remained with the company during their time of absence. In addition, employers cannot reduce absent employees' level of benefits and must reinstate benefits upon the employees return. Employers who provide insurance coverage must continue to do so. The service member must request the coverage and pay up to 102 percent of the premium. Employers cannot require individuals departing for service to use their vacation or other leave to cover their absence.
  
  

Coverage

• The USERRA applies to all employers, regardless of size, and to part and full-time positions. It protects members of the military due to voluntary and involuntary enlistment; members of active duty and active duty for training; inactive members called away for training; members of the full time National Guard and Coast Guard; and individuals who miss work due to funeral honors and military exams. The U.S. President can name other entities afforded protections during war or in the event of an emergency.
  
  

Limitations

• The job of a person serving in the military is protected for 5 years. If the person serves in the military for a longer amount of time, the employer is not required to reinstate the employee. Exceptions to the 5-year rule apply if the returning military member is hospitalized due to illness or injury; if the person is required to remain in the military to complete a "period of obligated service"; or if the person is required to engage in additional training or recalled to service.
  
  

Employee Eligibility and Obligations

• Employees leaving for military service must notify their civilian employer in either written or verbal form. Individuals seeking reemployment at their former job must return to that job within a time limit prescribed by law after leaving the service. The job must be a civilian position. Moreover, military personnel must exit the military with an "honorable" or "general" status.