How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Military Law question
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

Uniformed Services Employment and Reemployment Rights Act

What is the Uniformed Services Employment and Reemployment Rights Act?

On the date October 13th, 1994, US President Bill Clinton signed into law an act called the Uniformed Services Employment and Reemployment Rights Act or USERRA. The USERRA helps to protect the jobs of the non-full-time military members that are called to active duty while they are employed in a civilian job. The USERRA helps to clarify and strengthen a Veterans’ Reemployment Rights or VRR by helping to protect the rights and benefits of veterans. Read below where Experts have answered many questions relating to USERRA.

Is a military spouse covered under the Uniformed Services Employment and Reemployment Rights Act?

At this time there is no protection for the military spouses under the Uniformed Services Employment and Reemployment Rights Act. In most cases, unless the laws are changed or Congress changes the laws, then the spouses of the military members are not covered. For more information, visit the following website:
http://www.juneau.org/personnel/documents/0603UniformedServiceEmploymentandReemloymentRightsAct.pdf.

If a pilot is going on active duty, does the Uniformed Services Employment and Reemployment Rights Act protect the pilot’s job for when they return?

The military member would need to give a copy of their orders for redeployment to their boss and with those orders their job as a pilot would be protected under the Uniformed Services Employment and Reemployment Right Act. The person would need to keep their employer informed of the orders and of any changes that may take place.

If a employee was called to active duty, when the employee returns from the active duty would he/she be entitled to vacation time even if they did not work the required hours to get the vacation time?

In most cases, according the Uniformed Services Employment and Reemployment Rights Act, the employee would generally have right to seniority time for the time that they were on active duty. The employer would not have to give the employee the benefit of paid vacation time. If the vacation time was based on time that the employee worked, then the employee would not be entitled to this time while they were on active duty and not on the job working. In a lot of cases, an employee would generally give military members benefits and things that they don’t have to give them as a type of compensation for being in the military and on the active duty.

If a member of the National Guard is deployed for a year, are they entitled to be paid by their employer for the time they were deployed?

Under the Uniformed Services Employment and Reemployment Rights Act, then employer would only be required to reemploy the service member after they return from being deployed. There is not a law at this time that makes it to where the employer would have to pay the employee’s salary for the time that they were employed. In a lot of cases, the decision to pay the employee while they are deployed is purely at the discretion of the employer.

When a military member is working and gets called for active duty, their job is protected by the Uniformed Services Employment and Reemployment Rights Act. This act makes it to where the service member does not have to worry about getting their job back after they have returned from being on active deployment. When a person is facing the USERRA, then they may have questions regarding what the laws are or what things are included in the USERRA, the person may have to consult an Expert to gain the insight that they need to answer their questions.
Ask a Military Law question
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21186
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21186
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18393
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8491
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3848
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Recent USERRA Questions

  • Hi There! I am a reservist in the Army National Guard. I provided

    Hi There! I am a reservist in the Army National Guard. I provided my employer notice for two trainings with advance notice. Their military leave policy only provides up to 10 days of differential pay, but does not notify the soldier how much pay is to be taken out. I need to confirm if there is a minimum amount of hours or days the USERRA requires a civilian employer (non-federal organization) to pay an employee while on military leave?
  • Military Leave/FMLA as applied to the National Guard

    As a M-day service member of the Army National Guard, the regulation that governs taking maternity leave is AR 135-91 which only authorizes 6 weeks (i.e. one excused drill month). This policy is inconsistant with active duty policy (60 day convalescent leave plus up to 30 days of accrued leave) and the FMLA. Is there any mandate or special rules that offer M-Day service members the same protection as offered by the FMLA. In my particular situation, I was protected by FMLA in my civilian job. The Uniformed Services Employment and Reemployment Rights Act (USERRA) allows Soldiers who were deployed/mobilized to accure time towards FMLA eligibility while on active duty; however, there is no reciprocal policy (to my knowledge) that allows National Guard soldiers to eligible to be excused from drill beyond the 6 weeks of medical "leave". This became an issue for me as I requested to be excused from drill for 3 months after having a baby and declined command to do so as my commander was mobilized (voluntarily) right after I gave birth. Unfortunately, no acting commander was appointed so I unofficially fulfilled these duties for 3 months. Early on, I was asked to sign a letter of declination which I did. The letter of declination incorporated a clause stating that my declination would not prevent me from being considered for future commands. However, no one was ever appointed so I continued to unofficially command the unit. At the end of the 2 months, I decided I was ready to assume command as I returned to work and my child was no longer newborn.  I didn't think there would be an issue since no one had been appointed, but apparently, the TAG (who became my direct supervisor upon mobilization of my commander) had been offended that I initially declined so he opted to appoint my subordinate over me and removed me from the unit--4 weeks after I reasserted my request to be considered for command. My subordinate's appointment orders were backdated so that it appears as if he was commander during the 3 months that I commanded the unit. Since I have a very specific MOS (warrant officer), there's no position in the Guard that I could be assigned. Subsequently, after 6 months of attempting to resolve this with the chain of command, I felt I had to transfer into the IRR versus spending the rest of my military career without a position or duty title.  Of course, my decision was aided by hearing the TAG stated during an WOPD that if you turn down a invitation for a position, there is no place for you in his Guard. My questions: Is it legal/ethical for the TAG to backdate appointment orders as I described? Is there any recourse that I can pursue as I feel that I was discriminated against because I requested 3 months of maternity leave/excused absence from drill (which my former commander approved and which I never received)? It troubles me that National Guard soldiers are not afforded the ability to qualify for more protection (or maternity leave) that all other federal employees and active duty soldiers have. 

  • I am a 43 year old pediatrician with a large HMO. There are

    I am a 43 year old pediatrician with a large HMO. There are over 1,000 doctors in a partnership that contract withe the HMO for services. Because I am a partner in the partnership they tell me that I have no USERRA protection if I join the Military and want to return. Aren't I both an employee and a partner and doesn't USERRA apply to protect me?
< Last | Next >