USERRA establishes the cumulative length of time that an individual may be absent from work for military duty and retain reemployment rights to five years (the previous law provided four years of active duty, plus an additional year if it was for the convenience of the Government). 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. A16. p.usa-alert__text {margin-bottom:0!important;} ... reasonable efforts to accommodate an employee's disability so that the employee can be reemployed consistent with the requirements under USERRA … The .gov means it’s official. For members of the military being called to duty or being deployed can be hard on families, friends, and the individual who is serving. ... Health plan: If your company has a health plan for employees, you must reinstate their coverage when they return to work. You return to work or apply for reemployment in a timely manner after returning form your service; You have not been separated from the military with less than an honorable discharge or other non-qualifying condition; Your time away from work is less than five years .homepage-news-block > .news-button {display:none;} #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} ... you must reemploy the employee. Among other things, under certain conditions, USERRA requires employers to put individuals back to work in their civilian jobs after military service. The maximum period of continuation coverage for health care under USERRA is the lesser of: a. .agency-blurb-container .agency_blurb.background--light { padding: 0; } The Department of Labor, through the Veterans' Employment and Training Service (VETS) provides assistance to all persons having claims under USERRA, including Federal and Postal Service employees. 10After a period of training or service lasting fewer than 31 continuous days, you must report back to work at the start of the first regularly scheduled work period on the first calendar day after release from the period of service, the time reasonably required for safe transportation from the place of service to your residence, and the expiration of eight hours (for rest) after you arrive at your residence. USERRA provides that following periods of military service of 31 days or more, the returning employee must, upon request, provide documentation that establishes length and character of the service. That is where the Uniformed Services Employment and Reemployment Rights Act (USERRA) comes into play. If you are a past or present member of the military, have applied for the military or are obligated to serve in the military then your employer may not deprive you of any of the following due to your relationship with the military: Additionally an employer may not retaliate against anyone who has exercised their USERRA rights or even anyone who has assisted in the exercise of USERRA rights. The Court found the City’s practice violated the law: “USERRA provides that an employee who is absent from work to perform military service is generally ‘deemed to be on furlough or leave of absence while performing such service’ and is ‘entitled to such other rights and benefits not determined by seniority as are generally provided by the employer of the person to employees having similar … USERRA Requirements.