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 the rights of individuals who are serving or have served in the military. USERRA is in place in all 50 states, including North Dakota, to ensure that these individuals’ employment rights are not violated during their military service. USERRA provides these individuals with the right to return to their civilian job without facing discrimination due to their service. For example, when these individuals return from serving in the military, an employer cannot deny them their pre-service position or any other position that they would have obtained, had they not served in the military. USERRA also protects the individuals while they are in the military by requiring employers to grant leaves of absence with no loss of seniority or job benefits. These employers must also maintain health insurance for the individuals and any family members who are enrolled in the employer’s health coverage program. USERRA also prohibits employers from denying other benefits, such as bonuses or raises, to military members that the employer provides to other similarly-situated employees. USERRA also prohibits employers from discriminating against employees who are members of a military reserve or service. USERRA is an important law in North Dakota that provides important protections for individuals who are serving or have served in the military and helps ensure they are not discriminated against in the workplace.

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