In 1994, the U.S. Congress passed the Uniformed Services Employment and Re-Employment Act (USERRA), which afford military personnel certain rights in the civilian workforce. USERRA makes it unlawful for an employer to take adverse personnel actions against an employee because of his or her military service.
USERRA also provides military personnel with certain rights, both when they leave civilian employment and upon their return. Generally, USERRA guarantees job-protected (unpaid) leave for a period of five years (or longer in some instances), subject to certain exceptions. However, service members are disqualified from USERRA benefits if they are discharged for dishonorable conduct or if they are dismissed from the military because of a court martial, because they were AWOL, etc.
In order to qualify for USERRA leave, the employer must generally receive advanced notice of the leave, either from the employee taking the leave or from an appropriate officer of the military.
Unlike some other employment-related laws, USERRA applies to all employers, large and small.
Years of Experience
Mr. McKinney has been has been practicing employment law since 1996, is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, and represents employees who have been the victims of discrimination and retaliation. If you need to speak with an attorney, contact us immediately.