Which employers are covered under USERRA?

(a) USERRA applies to all public and private employers in the United States, regardless of size. For example, an employer with only one employee is covered for purposes of the Act. (b) USERRA applies to foreign employers doing business in the United States.

Which employers are covered under USERRA?

(a) USERRA applies to all public and private employers in the United States, regardless of size. For example, an employer with only one employee is covered for purposes of the Act. (b) USERRA applies to foreign employers doing business in the United States.

Who does the USERRA Act protect?

USERRA is a Federal law intended to ensure that persons who serve or have served in the Armed Forces, Reserve, National Guard, or other uniformed Services: (1) are not disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3 …

Does USERRA cover enlistment?

USERRA applies to persons who perform duty, voluntarily or involuntarily, in the “uniformed services,” which include the Army, Navy, Marine Corps, Air Force, Coast Guard, and Public Health Service commissioned corps, as well as the reserve components of each of these services.

What is considered service in the uniformed services?

(13) The term “service in the uniformed services” means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, State active …

Can active duty military use FMLA?

Eligible employees may take FMLA leave for a qualifying exigency while the military member is on covered active duty, call to covered active duty status, or has been notified of an impending call or order to covered active duty.

Can I be fired while on military orders?

Employers cannot fire an employee because of military leave. Because of the nature of active military duties, advance notice is not required, unlike civilian leave laws like FMLA or CFRA; however, the DoD highly recommends an advance notice of 30 days when it’s possible.

What does USERRA stand for?

USERRA – Uniformed Services Employment and Reemployment Rights Act. VETS provides assistance to those persons experiencing service connected problems with their civilian employment and provides information about USERRA to employers. VETS also assists veterans who have questions regarding Veterans’ Preference.

How do you qualify for USERRA protection?

To qualify for USERRA’s protections, a service member must be available to return to work within certain time limits. These time limits for returning to work depend (with the exception of fitness-for-service examinations) on the duration of a person’s military service.

What are the reemployment rights under the USERRA?

Section 4312 (c) / 20 CFR 1002.99 – .103 USERRA reemployment rights apply if the cumulative length of service that causes a person’s absences from a position does not exceed five years. Most types of service will be counted in the computation of the five-year period.

What are the requirements for reporting back to work under USERRA?

Reporting Back to Work Section 4312 (e) / 20 CFR 1002.115 To qualify for USERRA’s protections, a service member must be available to return to work within certain time limits. These time limits for returning to work depend (with the exception of fitness-for-service examinations) on the duration of a person’s military service.