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Your Rights Under Userra
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YOUR RIGHTS UNDER USERRA
THE UNIFORMED SERVICES EMPLOYMENT
AND REEMPLOYMENT RIGHTS ACT
USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake
military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers
from discriminating against past and present members of the uniformed services, and applicants to the uniformed services.
REEMPLOYMENT RIGHTS
HEALTH INSURANCE PROTECTION
You have the right to be reemployed in your civilian job if you leave that
$ If you leave your job to perform military service, you have the right
job to perform service in the uniformed service and:
to elect to continue your existing employer-based health plan
$
coverage for you and your dependents for up to 24 months while in
you ensure that your employer receives advance written or verbal
the military.
notice of your service;
$ you have five years or less of cumulative service in the uniformed
$ Even if you don't elect to continue coverage during your military
services while with that particular employer;
$
service, you have the right to be reinstated in your employer's
you return to work or apply for reemployment in a timely manner
health plan when you are reemployed, generally without any waiting
after conclusion of service; and
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periods or exclusions (e.g., pre-existing condition exclusions) except
you have not been separated from service with a disqualifying
for service-connected illnesses or injuries.
discharge or under other than honorable conditions.
ENFORCEMENT
If you are eligible to be reemployed, you must be restored to the job and
benefits you would have attained if you had not been absent due to
$
military service or, in some cases, a comparable job.
The U.S. Department of Labor, Veterans Employment and Training
Service (VETS) is authorized to investigate and resolve complaints
of USERRA violations.
RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION
$ For assistance in filing a complaint, or for any other information on
If you:
USERRA, contact VETS at 1-866-4-USA-DOL or visit its website at
$
http://www.dol.gov/vets. An interactive online USERRA Advisor can
are a past or present member of the uniformed service;
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be viewed at http://www.dol.gov/elaws/userra.htm.
have applied for membership in the uniformed service; or
$ are obligated to serve in the uniformed service;
$ If you file a complaint with VETS and VETS is unable to resolve it,
you may request that your case be referred to the Department
then an employer may not deny you:
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of Justice or the Office of Special Counsel, as applicable, for
initial employment;
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representation.
reemployment;
$ retention in employment;
$
$
You may also bypass the VETS process and bring a civil action
promotion; or
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against an employer for violations of USERRA.
any benefit of employment
because of this status.
In addition, an employer may not retaliate against anyone assisting in
the enforcement of USERRA rights, including testifying or making a
statement in connection with a proceeding under USERRA, even if that
person has no service connection.
The rights listed here may vary depending on the circumstances. The text of this notice was prepared by VETS, and may be viewed on the internet at
this address: http://www.dol.gov/vets/programs/userra/poster.htm. Federal law requires employers to notify employees of their rights under USERRA,
and employers may meet this requirement by displaying the text of this notice where they customarily place notices for employees.
U.S. Department of Labor
U.S. Department of Justice
Office of Special Counsel
1-800-336-4590
1-866-487-2365
Publication Date—October 2008