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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.
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