The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to re-employ a person returning from duty in the uniformed services if he or she meets five criteria:
- The person must have held a civilian job.
- He or she must have given notice to the employer upon leaving the job for duty in the uniformed services, unless giving notice was precluded by military necessity or otherwise impossible or unreasonable.
- The cumulative period of service must not have exceeded five years.
- The person must not have been released from service under dishonorable or other punitive conditions.
- He or she must have reported back to the civilian job in a timely manner or submitted a timely application for re-employment.
USERRA establishes a five-year cumulative total on military service with a single employer, with certain exceptions allowed for situations such as call-ups durin...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- House passes bill repealing ACA's 30-hour workweek definition
- Feel free to scale back leave, pay policies that exceed USERRA requirements
- Do we have to pay for 'Promised' hours?
- Employee isn't completely reliable? OK to consider that when making promotion decisions