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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  the employer receives advance written or verbal notice of their service;
  • 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; and
  • Not been separated from service with a disqualifying discharge or under other than honorable conditions.

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