The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) governs matters of military reemployment. While certain circumstances dictate whether or not a member of the military is entitled to reemployment, in many cases, those looking to reinstitute employment with a former employer are eligible to do so.
Employees are granted military reemployment rights if:
- The employee gave advance notice of his or her military service to the employer.
- The employee was absent for five years or less.
- The employee was separated from military service under honorable conditions.
- The employee reports for reemployment within a certain time period.
In some cases, however, it is impossible to give advance notice of military service. In addition, the five-year requirement doesn’t encompass certain forms of military service, such as inactive duty training.
Time Limits for Reemployment
If an employee is recovering from an illness or injury resulting from or aggravated by military service, military leave may be extended for two years or longer, depending on the circumstances.
If no significant injury is present, reemployment must be sought within the following time periods:
- Less than 31 days of service: If the individual was employed in military service for less than 31 days, they must show up for reemployment no later than the first regularly scheduled workday. This time limit allows for a reasonable amount of time spent returning to his or her home, plus eight hours.
- Between 31 and 180 days of service: If the individual was employed in military service for more than 30 days but less than 181 days, then the employee must apply for reemployment within 14 days after he or she completes military duty.
- More than 180 days of service: If the employee was employed in military service for more than 180 days, he or she must apply for reemployment within 90 days after military duty is complete.
If reemployment is deemed unreasonable or impossible because of changed circumstances or because it would cause serious hardship for the employer, reemployment is not required. However, the employer is burdened with proving that such circumstances exist.
Are you meeting unreasonable opposition in reemployment as military service member? Contact the skilled Los Angeles employment lawyer and Harvard graduate, Attorney Alan Burton Newman.