• USERRA protects veterans' employment rights.tramitaci?3n image by Recaredo Garc?-a Gaspar from Fotolia.com
  
  One concern that non-career military veterans, or reservists, have about deployment is whether their civilian jobs will remain open for them. In response to these concerns, the government created The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). This law protects service members while considering the needs of public and private employers.
  
  

Who is Covered

• USERRA applies to every person who serves or has served in the uniformed services and to all employers in the public and private sectors. This includes local, state and federal governments and private employers regardless of business size.
  
  "Uniformed Services" includes all branches of the U.S. Armed Forces, the commissioned corps of the Public Health Service, the Army National Guard and the Air National Guard when these reserve units engage in active or inactive duty training.
  
  USERRA also gives protection to disabled veterans, requiring their employers to make reasonable accommodations for the service member's disability upon his return to work.
  
  

Employer Notification

• Military members must provide advance written notice to employers before leaving on active duty. For the veteran's protection, send this notice via certified mail or obtain a signed receipt from the employer. If, for some reason, the service member is unable to do this herself, a representative from her military unit may provide notification instead.
  
  

Protections

• The provisions of USERRA extend throughout deployment and after veterans return to their civilian jobs. Veterans are entitled to prompt employment reinstatement, at the same status and seniority they would have had if they had not been called to service. Provisions of the law include health benefits and pension rights, protection against discrimination and security from being fired without cause after going back to work.
  
  

Duration

• Veterans can be away from their jobs for military service for up to five years, cumulatively, with the same employer. They must return to work in a timely manner after their service is completed, and veterans who have separated from the armed forces must have an honorable discharge. Any other type of discharge renders the veteran ineligible for protection under USERRA.
  
  

Enforcement

• Veterans have multiple options to guarantee enforcement of their USERRA rights. Complaints against employers may be filed through the U.S. Department of Labor or the Veterans Employment and Training Service (VETS). If the complaint cannot be resolved by VETS, the veteran may request referral to the Department of Justice or the Office of Special Counsel. A service member also has the right to bypass the military justice system and file a civil complaint against an employer violating USERRA.