Question: Does USERRA protect my service in the reserves?
Answer: Yes.
USERRA covers virtually all members and branches of the U.S. military, including those in the reserves. It also extends to the Commission Corps of the U.S. Public Health Service.
Question: Can I be fired for complaining or reporting to my manager my belief that I am being treated differently or poorly due to my military service?
Answer: No.
USERRA prohibits retaliation against employees who complain about or report discrimination based on military status. You do not need to show actual discrimination, only that you had a reasonable belief that discrimination was occurring. If you have made such a complaint, your employer cannot take adverse actions against you on that basis.
Question: Can my job force me to use my PTO or vacation time for my military service?
Answer: No.
Your employer cannot force you use accrued PTO or vacation during a service-related absence unless the service occurs at the same time when all other employees are required to use PTO or vacation. However, USERRA does allow an employer to do so at the employee’s request.
Question: Can my employer cancel my medical benefits because of my military service?
Answer: No, first your employer cannot discriminate or retaliate against you on the basis of your service. Second, your employer is required under USERRA to continue providing the same benefits to you while you are on military leave. You are required to pay any portion of premiums that you would have had to pay if not on military leave.
Question: How much time do I have to go back to my job after my military service?
Answer: It depends.
Under USERRA, if you served for 30 days or less, you must return the next workday after returning from service, with an extension of 8 hours for sleep and travel. If you served for more than 30 days but 180 days or less, you have 14 days to contact your employer and request to return to work. If you served more than 180 days, you have 90 days to notify your employer and request to return to work. There is an exception for service involving injury or illness, in which case the service member may have up to two years before returning to work.
Question: Can I be fired if I don't return in time?
Answer. Yes, if your employer follows its regular disciplinary procedure. As a result, you likely cannot be fired immediately unless your employer has documented your prior attendance or disciplinary issues and followed its progressive discipline policy. Essentially, your employer's termination procedure must be internally consistent and uniformly applied to both service members and other similarly-situated non-service member employees.
Question: When can my job refuse to reemploy me after my military service ends?
Answer: Under USERRA, you must be re-employed and placed back in your old job position with few exceptions. Some exceptions include if you failed to give proper notice before leaving for service, failed to return to return to work in a timely manner after service, or were dishonorably discharged. Additionally, you may not be entitled to your job back if you held a short-term or temporary position, such as through a temp staffing agency, or your military leave lasted more than five years,
Lastly, your employer may assert an "undue hardship" defense i.e. that it was impossible or unreasonable under the circumstance to re-employ you and that doing so would cause an undue hardship to your employer.
Question: What are my employment rights when returning to my job from military service?
Answer: Assuming you meet all the qualifications and do not fall into an exception, you must be re-employed and placed back in your old job position. You are entitled to the same level of benefits that you would have received if you had not taken military service leave, including medical benefits and pension benefits. You are also entitled to any promotion based on seniority you would have otherwise received. Your employer must take reasonable efforts to train or otherwise help you obtain the necessary qualifications and skills for the position. However, if your employer can show that the training or qualification is impossible, you must be placed in the closest approximate position for which you are qualified or can become qualified through training.
Question: What are my employment rights if I am injured or disabled during military service?
Answer: If you are injured or disabled during service, you will have additional time to seek re-employment with your employer. Additionally, when you return, your employer must take reasonable efforts to accommodate any disability or injury you suffered while serving.
Additionally, you may have protections under the Family Medical Leave Act or the Americans with Disabilities Act.
If you believe you were discriminated or retaliated against on the basis of your military service, or denied benefits to which you are entitled, CONTACT US