Have you been called to military active duty? Are you wondering what will happen with your current civilian job? There are laws that grant you certain employment rights. Some laws grant you pay for a certain number of days that you're missing from your job. Other laws protect your right to be reemployed when your military service is finished.

Rights Under the Uniformed Services Employment and Reemployment Rights Act (USERRA)

The most important law that protects your employment rights is the Uniformed Services Employment and Reemployment Rights Act (USERRA). The USERRA is a federal law that grants you three important rights:

  • The right to be reemployed
  • The right to be free from discrimination
  • The right to be free from retaliation

Reemployment Right

You're entitled to go back to your civilian job when your military service is finished. You must meet five conditions to gain this reemployment right under the USERRA:

  • You worked for your employer when you volunteered or were called to duty
  • You gave advance notice that you're entering the military
  • You served five years or less
  • You were released from the military with at least a general discharge
  • You applied for reemployment in a timely manner

Protection from Discrimination

Your employer can't discriminate against you based on your military service. This includes past, present and future service. Based on your military service, you can't be denied:

  • Initial employment
  • Reemployment
  • Promotions
  • Employee benefits
  • Retention in employment

Protection from Retaliation

You have the right to file a complaint against your employer under the USERRA. Your employer can't retaliate against you for your actions. This includes any assistance you give in an investigation against your employer.

Military Leave State Laws

State military leave laws and the USERRA may differ in many ways. However, the USERRA is the floor of your rights. You'll never have fewer rights than the USERRA grants you. States can decide to grant greater military leave rights to you.

Many states require employers to compensate employees during their military service. The length of paid leave usually only lasts a few weeks. Most of these states only require public employers to provide paid military leave. Private employers in these states aren't required to provide compensation.

Questions for Your Attorney

  • Am I entitled to paid military leave in my state if I am called to active duty?
  • Can my employer offer a different job to me when my military service is over?
  • What should I do if I believe my employer is discriminating based on military service?