Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
USERRA requires employers of any size to provide an employee up to five years of protected leave for military service. The employee must be a member of “uniformed services,” including the Army, Navy, Air Force, Marine Corps, Coast Guard, Army National Guard, Air National Guard, and engaged in active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard, or absences for fitness-for-duty examinations.
The five years is calculated according to the cumulative amount of time the employee spends in the uniformed military service.
The new expansions of FMLA also require an employer to consider all periods of absence from work due to or necessitated by covered service under USERRA when determining whether the employee is eligible for FMLA.
DISCLAIMER: This information provided here is intended to provide accurate, general information about protected leaves available to employees. Because laws and legal procedures are subject to frequent change and differing interpretations, Teamsters 856 cannot ensure that the information in this guide is current, nor be responsible for any use to which it is put. Do not rely on this information without first consulting with your representative and/or consulting an attorney or the appropriate agency about your rights. Members with specific leave questions may contact their representative and/or Staff Attorney and Leave Coordinator Susanna Farber.