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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. For USERRA-provided job protection, employees must also:

  • Ensure that the employer receives advance written or verbal notice of their service (unless such notice is precluded by military necessity or is otherwise impossible or unreasonable);
  • Have five years or less of cumulative service in the uniformed services while with that particular employer;
  • Return to work or apply for reemployment in a timely manner after their service has ended (unless timeliness is impossible or unreasonable); and
  • Not have been released from service under dishonorable or other punitive conditions.

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