USERRA Protects Employees Engaged in Military Service

Training for: Legal Notes

Question: We have an employee who is a member of the Army National Guard. What are our legal obligations under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)?

Answer: USERRA is the federal law that guarantees protection against discrimination in employment based on an individual’s prior or current service in, or intent to join, the uniformed services. USERRA applies to all private and public employers, including the federal government and state and local governments.

USERRA generally requires U.S. employers, regardless of size or location of operation, to reemploy eligible veterans returning to their civilian employment after a period of service in the uniformed services. With certain exceptions, employers are required to provide training to restore competency, and to restore seniority, status, pay, pensions and other benefits that would have accrued during the period of the employee’s absence due to military service. Additionally, employers are generally responsible for funding the employer’s share of the employee’s civilian retirement plan while the employee was away on military duty.

USERRA protections extend not only to military personnel but also to those serving in the National Disaster Medical System and the commissioned corps of the Public Health Service. USERRA also protects anyone – veteran or non-veteran – from employer reprisals for either exercising rights or assisting in any proceeding under the statute.

The U.S. Department of Labor (DOL) investigates USERRA violations through its Veterans Employment and Training Service (VETS) arm, but complaints may be resolved informally as well through the Employer Support of the Guard and Reserve (ESGR). If efforts to resolve a complaint are unsuccessful, an employee may request that the complaint be referred to the U.S. Office of Special Counsel, which will review the case and decide whether to prosecute in federal court.

For much more about the rights and obligations of municipal employers and employees under USERRA, see our recently revised “Information Packet” on the subject, available free to members at www.memun.org. (By M.L.S.)

Question: We have an employee who is a member of the Army National Guard. What are our legal obligations under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)?

Answer: USERRA is the federal law that guarantees protection against discrimination in employment based on an individual’s prior or current service in, or intent to join, the uniformed services. USERRA applies to all private and public employers, including the federal government and state and local governments.

USERRA generally requires U.S. employers, regardless of size or location of operation, to reemploy eligible veterans returning to their civilian employment after a period of service in the uniformed services. With certain exceptions, employers are required to provide training to restore competency, and to restore seniority, status, pay, pensions and other benefits that would have accrued during the period of the employee’s absence due to military service. Additionally, employers are generally responsible for funding the employer’s share of the employee’s civilian retirement plan while the employee was away on military duty.

USERRA protections extend not only to military personnel but also to those serving in the National Disaster Medical System and the commissioned corps of the Public Health Service. USERRA also protects anyone – veteran or non-veteran – from employer reprisals for either exercising rights or assisting in any proceeding under the statute.

The U.S. Department of Labor (DOL) investigates USERRA violations through its Veterans Employment and Training Service (VETS) arm, but complaints may be resolved informally as well through the Employer Support of the Guard and Reserve (ESGR). If efforts to resolve a complaint are unsuccessful, an employee may request that the complaint be referred to the U.S. Office of Special Counsel, which will review the case and decide whether to prosecute in federal court.

For much more about the rights and obligations of municipal employers and employees under USERRA, see our recently revised “Information Packet” on the subject, available free to members at www.memun.org. (By M.L.S.)