How to Benefit From the USERRA

The Uniformed Services Employment and Reemployment Rights Act (USERRA) helps soldiers retain their civilian employment when they are called back to active duty. It's easy to benefit from these laws, since they apply to almost every employer.

Instructions

Difficulty: Easy

Things You’ll Need:

• Proof of deployment and honorable discharge

1. Inform your employer when you are called into active duty. You can benefit from USERRA even if you have only worked one day and then are asked to serve or sign up for another tour of duty. Send a copy of your deployment orders to the human resources department.
2. Investigate your military status to find out whether it's covered by USERRA. All active duty soldiers are covered, including those who are going to training and National Reservists. You will also receive benefits if you have to attend a military funeral or go to a physical examination that is related to your ability to serve in the armed forces.
3. Learn about the benefits that you will receive during your service. For public sector jobs, you will still receive your paycheck from your employer. Negotiate with a private employer to be paid the difference between your standard income and your military income.
4. Check to be sure that your employer isn't writing off your service as vacation time. You can use your civilian vacation time to receive your salary if there is an unpaid gap during your tour of duty. When you return, you should have the same amount of vacation time as you left if you didn't use any of it.
5. Find out whether any of your benefits will carry over during your active duty. For example, some health care plans may still cover your dependents for a portion of your service.
6. Report back to your employer within 30 days of being honorably released from service. You may be asked to provide proof that you finished your tour of duty before you can begin work again. Enter back into the job that you would have if you had stayed at the civilian job instead of serving in the military.

Tips & Warnings

• Your employer can lawfully release another employee to make room for your position when you return.
• If your company refuses to give you a USERRA benefit, contact your Judge Advocate General to find out how to take action against it.
• You may not be entitled to keep your job if your service goes on longer than 5 years.