Generally speaking, under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), an employee has the right to be reemployed with his/her employer if he/she leaves to perform service in the uniformed services, and the employee satisfies all of the following requirements:
- The employee provides advance notice to the employer of his/her military service (unless military necessity prevents the giving of notice or notice is otherwise impossible/unreasonable).
- The employee has five (5) or fewer years of cumulative service in the uniformed services while with the employer.
- The employee reports back to work at the employer or applies for reemployment with the employer within the statutory time frame after conclusion of service.
- The employee has not been separated from service with a disqualifying discharge or under other than honorable conditions.
If an employee is eligible to be reemployed with the employer, he/she must be restored to the job and benefits that the employee would have attained if he/she had not been absent due to military service or, in some cases, a comparable job.
If an employee is a past or present member of the uniformed services, has applied for membership in the uniformed services, or is obligated to serve in the uniformed services, then the employer may not deny the employee any of the following because of this status: initial employment, reemployment, retention in employment, promotion, or any benefit of employment.
The employer may also not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under the USERRA, even if that person has no military service connection.
If an employee leaves his/her job to perform military service, he/she may elect to continue his/her existing health plan coverage for himself/herself and his/her dependents for up to 24 months while in the military. Even if the employee does not elect to continue coverage during his/her military service, the employee has the right to be reinstated in his/her health plan when the employee is reemployed, generally without any waiting periods or exclusions except for service-connected illnesses or injuries.
If you have questions about the USERRA, call (916) 612-0326) or email ([email protected]) Finley Employment Law today. Finley Employment Law serves clients throughout California, including Sacramento, Roseville, Davis, Folsom, and Elk Grove.
The information in this blog post is for general informational and advertising purposes only and is not, nor is it intended to be, legal advice. Instead, you should speak with a California employment attorney for advice regarding your individual situation.