Reemployment rights with a civilian employer are protected under chapter 43 of title 38, United States Code. This law, better known as the Uniformed Services Employment and Reemployment Rights Act or USERRA, provides a broad range of civilian job protections.
Scope of coverage:
USERRA provides protection to anyone absent from a position of civilian employment because of uniformed service if:
- advance written or verbal notice was given to the civilian employer;
- the cumulative length of absence(s) does not exceed 5 years; and
- the person's character of service was not adverse.
A service member must report to work or submit an application for reemployment within a specified period based on the duration of service. The table below contains the limits specified for returning to work. It is worth noting that failure to report or make timely application does not automatically result in loss of reemployment rights, but does subject the service member to the rules of conduct, policies and general practices established by the employer, which may result in loss of USERRA protections.
| PERIOD OF SERVICE | Return/Apply to Return to Work |
|---|---|
| Less than 31 days | Return no later than the first full regularly Scheduled work period on the first full calendar day. |
| More than 30 days, but less than 181 days | Apply no later than 14 days |
| More than 180 days | Apply no later than 90 days |
There are certain circumstances under which a civilian employer may not be required to reemploy a service member. However, the employer has the burden of proving reemployment is not possible within those circumstances.
Benefits:Service members are entitled to seniority and all the benefits of seniority with their civilian employer as if continuously employed.
Health Care:Service members may elect to continue the health care coverage provided by their civilian employer for up to eighteen months. If the period of coverage exceeds 30 days, the employer can require the employee to pay 102% of the full premium costs. For periods of 30 days or less, the employer may require the employee to pay only the employee'' share of the coverage, if any. Check with your employer regarding company policy.
Pension Benefit Plans:Employees are to be treated as if no absence in employment occurred and may make up contributions to an employee pension benefit plan. Employers are also required to fund any obligation attributable to the employer of the employee's benefit pension plan.
Assistance:A person experiencing problems with civilian employment or reemployment
may contact the National Committee for Employer support of the Guard and
Reserve (NCESGR) for assistance. Their toll free number is 1-800-336-4590.
A individual protected by USERRA may also file a complaint with the Assistant
Secretary for Veterans' Employment and Training at Department of Labor
(DoL) if an employer has failed or refused, or is about to fail or refuse,
to comply with employment or reemployment rights and benefits. Additional
information about USERRA may be found on the following web sites:
NCESGR - http://www.ncesgr.osd.mil
DoL - http://www.dol.gov/dol/vets/