What is the Uniformed Services Employment and Reemployment Rights Act (USERRA)?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects people who are called to active military duty from employment discrimination and helps them gain back their previous jobs when they return from duty. This law applies to all employers in the state of Illinois, regardless of their size. USERRA is designed to ensure that those who serve our nation in the uniformed services are not disadvantaged due to their service. It does this by requiring employers to provide returning servicemembers with their previous job or a comparable position and allowing them to accrue seniority and benefits up to the time they were deployed. Furthermore, employers are prohibited from discriminating against employees who are eligible for or have taken military leave. This includes refusing to hire or firing someone due to their status as a veteran or current service member. USERRA also establishes the job training and retraining rights of service members. This includes offering the employer-provided training that the employee would have received had they not taken military leave, or a comparable level of training. Additionally, employers may not deny servicemembers of any job benefits such as sick leave, vacation pay, or health insurance. In sum, USERRA is a federal law that protects military servicemembers from employment discrimination, helps them maintain their jobs when they return from duty, and ensures they receive the job training and benefits they are entitled to.

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