NCJ Number
210616
Journal
FBI Law Enforcement Bulletin Volume: 74 Issue: 7 Dated: July 2005 Pages: 25-32
Date Published
July 2005
Length
8 pages
Annotation
Intended primarily for law enforcement officers called from reserve to active military duty, as well as the civilian agencies that employ them, this article provides an overview of the background and purpose of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), which was enacted to prohibit discrimination against individuals because of their voluntary or involuntary military service.
Abstract
USERRA has broad application, covering nearly all employees, including part-time and probationary employees, as well as all U.S. employers, whether in the private or public sector and regardless of size. In 2002, Congress expanded USERRA to include public service performed in a crisis situation by including within the definition of "uniformed service" duty performed by intermittent disaster personnel for the Public Health Service, including training for such activities. To be eligible for reemployment after completing uniformed service, the service must be under the authority of the military. Further, USERRA prohibits an employer from denying any person initial employment, reemployment, retention in employment, promotion, or any benefit of employment based on an individual's membership or application for membership, and the activities associated therewith, in the uniformed services. The statute also prohibits retaliation against an individual for seeking enforcement of any right under USERRA. In discussing eligibility for reemployment under USERRA, this article addresses time limits on service, disabled veterans, and time limits for reporting back to civilian employment. Other sections of the article consider salary and job-related health benefits and pension under USERRA, notice to an employer of the intent to take military leave, and USERRA enforcement and remedies. 36 notes