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Mandated Leave--Military Leave: Uniformed Services Employment and Reemployment Rights Act (USERRA)

Federal and many state laws prohibit employers from discriminating against an employee who takes leave for military service. Under federal law, the Uniformed Services Employment and Reemployment Rights Act (USERRA) provides employees the right to be reemployed in their civilian job if they leave their job to perform service in the uniformed service. 

Employees Covered by USERRA

  • USERRA applies to persons who perform duty, voluntarily or involuntarily, in the "uniformed services," which include:
    • the Army,
    • Navy,
    • Marine Corps,
    • Air Force,
    • Coast Guard,
    • Public Health Service commissioned corps, and
    • The reserve components of each of these services.
  • Federal training or service in the Army National Guard and Air National Guard also gives rise to rights under USERRA.
  • Under the Public Health Security and Bioterrorism Response Act of 2002, certain disaster response work (and authorized training for such work) is considered "service in the uniformed services."

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