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 provides certain protections for individuals who take time off from work to serve in the military. This law was enacted in 1994 and applies to all employers in the United States, including those in North Carolina. USERRA guarantees that service members can take time away from work to serve in the military without fear of losing their job. It also requires employers to provide returning service members with the same job they had before they left to serve, if that job is still available. If the job is not available, the employer must provide the employee with a comparable job that is at least equal in pay and benefits as their prior job. USERRA also prohibits employers from discriminating against service members based on their military service. This means employers cannot refuse to hire or promote service members, or demote or fire them because they have served in the military. Employers in North Carolina are legally required to follow these restrictions in order to comply with USERRA. USERRA ensures that all service members have the opportunity to serve without fear of losing their job or being treated unfairly. With USERRA in effect, North Carolina employers must abide by the law and provide employees who have served in the military with the same rights and protections all other employees enjoy.

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