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

The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 is a federal law that protects individuals who serve or have served in the uniformed services, such as the military, Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, Coast Guard Reserve, and the National Guard. Under USERRA, employers must grant employees leave for military service and allow them to return to their job after active duty without retaliation. In Minnesota, USERRA applies to all employers, regardless of size, and applies to all employees and former employees. USERRA provides employment protection for reservists and National Guard members, including the right to return to their former job or an equivalent job after service and the right to maintain their seniority and leave accumulation. It also prohibits employers from retaliating against an employee for taking leave for military service or filing a complaint under USERRA. USERRA also requires employers to make reasonable efforts to train and upgrade the skills of service members who are returning to their former employment. Employers must also maintain any employee benefit plans, such as health insurance, that would have been applicable had the employee not gone on active duty. Overall, USERRA protects the employment rights of individuals who serve or have served in the uniformed services. It guarantees that employees returning from active duty will not be subjected to discrimination or will be denied their job-protected rights and benefits.

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

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