Who does USERRA cover?
Unless it's impossible or unreasonable to do so, employees must provide notice to their employers. This can be written or verbal.
|Service Time||Reemployment Date|
|1-30 Days||Next regularly scheduled work period after 8 hours of rest|
|31-180 Days||Must submit reemployment within 14 days|
|180+ Days ||Must submit reemployment within 90 days|
If the employee was discharged, it must be honorable in order to be eligible for reemployment.
The employee should be able to return to the same or similar position with the same seniority, status, pay, and additional benefits obtained prior to service. During their time out of the office, they should be considered furloughed or taking a leave of absence.
USERRA also covers health and pension benefits. If the employee has been in service for more than 30 days, they can continue their group health coverage for up to 24 months, though they may be required to pay up to 102% of the full premium. If the employee has been in service for fewer than 30 days, health coverage should be provided as though they were still employed. USERRA also protects all pension plans.We hope we have provided you with information and resources that will help you better understand what is required of you. For more information on COVID-19 as it relates to USERRA, click here.
Need even more information? Check out this USERRA Pocket Guide!