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 employment rights of individuals who are called to active military duty. USERRA was enacted in 1994 and applies to both federal and state governments, as well as employers in the private sector. It guarantees individuals the right to reemployment with their former employers upon completion of their military service. USERRA allows individuals to take a leave of absence from their jobs for military service without fear of losing their jobs or their benefits. It also prohibits employers from discriminating against employees or applicants because of past, present or future military service. The law further requires employers to make reasonable efforts to accommodate employees who are in the military reserves, National Guard, or other uniformed services. This includes providing reasonable time off for training or meetings. Under USERRA, employers are also required to reinstate individuals who have been absent from work due to military service. This includes reinstating them in the same or a comparable position as the one held prior to their leave. They must also be granted any benefit they would have earned had they not gone on leave, such as vacation and sick time. USERRA is an important law that ensures the rights of individuals who serve their country are respected. In the state of Arizona, USERRA applies to all employers and individuals are protected from discrimination based on their military service.

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