USERRA – Uniformed Services Employment and Reemployment Rights Act
What is USERRA?
USERRA, or the Uniformed Services Employment and Reemployment Rights Act, protects the employment of active or reserve military personel.
The act ensures that those who are called to active duty and are deployed are able to come back and reclaim their position at their place of employemt. USERRA also ensures that military personnel who are employed receive proper wages and promotions. It protects them from being passed up for promotions and higher pay, due to being away on active duty in the military.
USERRA enables military personal to be able to return to their previous employment with the same seniority, status and pay they had previously. They are also entitled to other rights and benefits determined by seniority. USERRA also establishes that reasonable efforts be made such as training or retraining to enable returning service members to refresh or upgrade their skills to help them qualify for reemployment. The law clearly provides for alternative reemployment positions if the service member cannot qualify for the escalator position.
Have you been passed over for promotions due to your service in the military?
Your service in the military cannot be held against you for missed time at work. Your employer cannot withhold promotions or increased wages that you should have received if you were not in active duty.