Uniformed Services Employment and Reemployment Rights Act

the uniformed services employment and reemployment relief act of 1994 (USERRA)The Uniformed Services Employment and Reemployment Rights Act applies to all employers, regardless of the size of the business or organization. It protects the job and benefits, for up to five years (or more in some cases), of a service member who must leave his or her civilian job because of military orders to report for training or active duty — voluntary or involuntary — in peacetime or wartime. You are entitled to return to your civilian job and receive pay raises, promotions, pension credit and other seniority benefits as if you had been continually employed, provided certain eligibility criteria are met.

USERRA requires service members, or a responsible representative of the military unit, to provide advance written or verbal notice to their employers for all military duty unless giving notice is impossible, unreasonable, or precluded by military necessity.

In order to quality for protection under state and federal law, you must:

  • Give your employer advance notice (written or verbal) of your service
  • Have five years or less of cumulative service in the uniformed services while with that employer
  • Return to work or apply for reemployment in a timely manner, after you are done with your service
  • Do not have a disqualifying discharge (dishonorable discharge)

California state law is even more generous in its protection of military personnel and/or their spouses.

You cannot suffer retaliation or discrimination if called to military service from an employer.