USERRA FAQs

How do I know if I’m covered by USERRA?

USERRA covers all branches of the military and all service members serving on an active, involuntary, or voluntary basis. If you are a registered service member and have the chance of being suddenly called to duty, USERRA covers you.

 

Which employers have to comply with USERRA?

All employers with American offices are required to comply with USERRA, including American employers with offices in foreign countries. If your employer is refusing to comply with USERRA guidelines, you can bring a case against them to ensure no other service members have to risk the stress they have caused you.

 

What if my employer isn’t giving me permission to perform military service?

You do not require permission from your employer to perform your service, but you do need to give them notice that you are leaving. 

 

How much will healthcare cost me if I rely on my company’s plan?

If your service lasts fewer than 31 days you will not be required to pay any more than you’re regular share for employee health insurance. If your service lasts longer than 31 days you will have to pay the full price of the premium, plus a 2% administrative fee.

 

When do I have to return to work after my service is completed?

If your service lasts fewer than 31 days you are required to return to work on the next workday after traveling and 8 hours rest. 

For services lasting between 31 and 180 days, you must apply for reemployment within 14 days of your service’s completion. 

If your service lasts over 180 days, you must apply within 90 days of completing their service.

 

 I’m an employer of a service member, am I entitled to proof that they actually performed their service?

Should you request proof of service, your employee is required to provide it. Proof can be in various forms, including but not limited to discharge papers, leave and earning statements, endorsed orders, or a letter from a military authority. 

 

As an employer, what am I required to provide after my employee finishes their service?

Your employee is entitled to prompt reinstatement, accrued seniority (including benefits pension vesting, and status), training as required, and protection against discharge without cause for at least 180 for service periods between 31 and 180 days, and a year for service periods over 180 days.

 

What counts as discrimination under USERRA?

Discrimination comes in many forms, from making derogatory comments about one’s uniformed service to being denied promotion due to services. For more information on What qualifies as discrimination, looking into the United States Department of Labor’s website on USERRA regulations. 

 

In the case of a discrimination lawsuit, who has the burden of proof?

Servicemembers receive derogatory comments or denial of employment is due to their uniformed service regularly. It is up to the employer to provide proof that their actions were rational and not related to the servicemember’s history.

 

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