Business & Work

Question

I need to miss work due to military or other service duties. Is my civilian job safe?

Answer

Yes. The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the jobs of people who leave their jobs for military service. USERRA also stops employers from discriminating against them.

Am I covered?

The following people are protected under USERRA:

• People applying for membership in the uniformed services, 
• Veterans, and 
• Members of the active and reserve components of the armed services, including people in:
  • active duty,
  • active duty for training,
  • initial active duty for training,
  • inactive duty training, and
  • full-time National Guard duty.

You are not covered if you leave uniformed service with a dishonorable or bad conduct discharge.

What are my rights and benefits under USERRA?

Reemployment rights

You have the right to be reemployed. This means getting your job back. The following things have to be true for you to have this right:

• you gave your employer advance notice of your service,
• you were gone for five years or less, and
• you applied for re-employment quickly after your service.

Right to be free from discrimination and retaliation

An employer may not deny you any of the following because of your service:

• Hiring you,
• Giving you your job back,
• Letting you keep your job,
• Giving you a promotion, or
• Giving you any benefit of employment.

Benefits under USERRA

When you return to your job, your employer must give you certain benefits, including:

• Counting your military leave towards seniority status,
• Not firing you without a reason for at least 180 days after you return to work (or one year for longer deployments), and 
• Retraining you if you can’t return to your original job. Your employer must try to help you qualify for a position. 

Health insurance coverage

If you and your dependents have coverage under your employer’s health plan, and you leave your job for military service, you have the right to keep your coverage for up to 24 months.

Even if you don't keep your coverage during your service, you have the right to have it restarted immediately when you return to your job.

What if my rights are violated?

If you believe your employer has violated your rights under USERRA, you can choose one of two different processes:

File with the Department of Labor

You may file a complaint with the U.S. Department of Labor, Veterans Employment and Training Service (VETS).

For assistance in filing a complaint, or for any other information on USERRA, contact VETS at 1-866-4-USA-DOL or visit the VETS website here. You can view instructions on how to file a complaint here.

Go to court

If you file a complaint with VETS and they are unable to resolve it, you can ask that your case be referred to the Department of Justice or the Office of Special Counsel, for representation.

You may also bypass the VETS process and hire an attorney to bring a lawsuit against an employer for violations of USERRA.