b'Uniformed Services Employment and Re-employment Rights Act (USERRA)Who, What, Why . . . Whodoesitapplyto:EveryemployerwhoreceivesanHow does this escalate principle work:Upon return, employers application for employment from a service member, employs amust place the service member in the position that represents the service member, or may re-employ a service member. level to which the service member would have risen if they had been with the company the entire time they were gone. This Whatisthepurposeofthelaw:Itisdesignedtopreventincludes pay raises, additional vacation, employee benefits, job discrimination by employers against service members based ontitle, job location, assignment, rank, responsibility, etc. It may their service and to protect the rights of service members uponalso be either an upward or downward movement in position. return from service to return to their jobs. If you had to cut back, and the service member would have been demoted, that is the position they get upon return. If the Who are considered service members: Any person on activeemployer finds the service member lacks the skills for the new duty, active duty training, inactive duty training, or an applicantposition, the employer must make reasonable efforts to bring for one of these categories in one of the following organizations:the service member up to the skill level before considering any Army,Navy,AirForce,Marines,ArmyNationalGuard,Airreduction below the position to which the service member would NationalGuard,CoastGuard,orthePublicHealthServicehave escalated.corps.Are there circumstances under which an employer does not have How does the discrimination protection work: Employers are notto re-employ a service member: Yes, if the service member: (1) permitted to discriminate against a service member based onleft service without leave, was dishonorably discharged, or court the fact that they are a service member in any significant aspectmartialed in certain circumstances; (2) failed to provide adequate of employment.notice before leaving for service; (3) fails to timely apply for re-employment; (4) failed to return to work after application for What are a service members rights when they go on leave:re-employment, subject to the employers abandonment rules; Service members are entitled to return to work upon completionor (5) is disabled in such a way that they cannot perform the of up to five years of service (unless extended due to war orjob duties and all attempts failed to find an alternative solution. other action) and they are entitled to up to 24 months of healthAlternatively, an employer is excused from reemployment if: (1) coverage while absent on military leave. Reservists are entitledan employers circumstances have changed; (2) doing so would to return to work upon completion of annual training exercises. cause an undue hardship; or (3) the pre-service position was What happens when the service member returns from leave: for a brief or non-recurrent period. However, these are limited Employers must: (1) return the service member to work within twoexceptions. For example, the service members job being filled weeks of application for re-employment; (2) immediately returnor there being no openings at the time doesnt rise to the level them to any company benefit plans including health insurance;of an undue hardship. and (3) place the service member in whatever position theyWhendoestheservicememberhavetoreturntowork reasonably could have been expected to escalate to if theyafterreturningfromservice:Forservicelessthan31 had never left for service. Additionally, an employer cannot fire adaysorforafitnessexamination,theemployeemust returning service member without cause within 180 days afterreturntoworkthenextbusinessdaybeginningmore a service stint of 180 days or less, or one year if the servicethaneighthoursafterarrivinghome.Forserviceof31members stint was longer than 180 days. 180days,theservicemembermustusuallyapplyforre-49'