Questions and Answers for Employers and Employees who participate in the National Guard and Reserve
UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is codified in title 38, United States Code, sections 4301-4333 (38 U.S.C. 4301-4333).
The complete text of USERRA is available on this web site.
A person who leaves a civilian job for voluntary or involuntary "service in the uniformed services" is entitled to reemployment in the civilian job (with accrued seniority) if he or she meets the following eligibility criteria:
- Must have left the job for the purpose of performing service in the uniformed services. 38 U.S.C. 4312(a).
- Must have given prior oral or written notice to the civilian employer. 38 U.S.C. 4312(a)(1) Prior notice is not required if it is precluded by military necessity or otherwise impossible or unreasonable. 38 U.S.C. 4312(b).
- Cumulative period or periods of service in the uniformed services, relating to that particular civilian employer, must not have exceeded the five-year limit. All involuntary service and some voluntary service are exempted from the five-year limit. 38 U.S.C. 4312(c).
- Must have been released from the period of service, without having been "dropped from the rolls" or having received a punitive or other-than-honorable discharge. 38 U.S.C. 4304.
- Must have reported back to work in a timely manner, or have submitted a timely application for reemployment. 38 U.S.C. 4312(e)(1).