Provided by: Judge Ruth B. Kraft

                The Uniformed Services Employment and Reemployment Act (USERRA) governs the employment of members of the military services.  As a federal statute, it is applicable to all states.  The purpose of the law is to ensure that individuals who serve or have served in the armed forces, reserves, National Guard or other uniformed services are not disadvantaged in their civilian jobs because of their service, are promptly reemployed upon their return from active duty and are not discriminated against in employment based on past, present or future military service.  At this point in U.S. history, discrimination against persons returning from military service may seem not only inappropriate but also implausible but I well remember the Vietnam era when veterans were publicly shamed, shunned and referred to as pigs and murderers in some of the finest universities in the land.  Even today, while an employer may take pride in its workers’ service to the country, their absences may be problematic on a daily basis.

                Under USERRA, a job applicant may not be denied employment because of past, present or future military service.  An employer may become aware of the candidate’s military status upon complication of an application form which includes a job history.  Just as with other discrimination claims, an employer can protect itself with detailed documentation, including interview notes and evidence that it would not have hired the individual regardless of his or her military obligations. 

                During a service member’s employment, you may not refuse to retain, promote or offer any benefit of employment based on military status.  Promotion plans must provide a mechanism by which employees who are absent due to military service can be considered.  Furthermore, service members are protected from any reduction in force during their service-related duties. If an employee’s job is abolished during the absence, the employer must assign him to another position of similar status and pay.

                During active service or reserve duty, the employee is considered to be on a leave of absence or furlough.  He may choose to use paid leave during this period.  To have a right to re-employment upon completion of the duty in the same job at the same pay, the service member must:

                -give advance written or verbal notice of the service obligation
                -perform qualifying service duties for less than five years and
                -report to work on a timely basis after his return from service.

The employee may be absent for as long as five years, cumulatively.  This means that the employer can count past and present military service during the period of employment.  Service is counted cumulatively which is important in the event of redeployment, something which occurred during the Iraq and Afghanistan conflicts.

                The statute places responsibilities on both the employer and the employee.  Congress enacted this law to protect military personnel from discrimination and it is comprehensive in its approach.  
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