articles - reemployment rights

REEMPLOYMENT RIGHTS OF RESERVISTS AND NATIONAL GUARD PERSONNEL

Analysis prepared by Morgan Lewis & Bockius, LLP and copyrighted by same.
Reproduced here by permission (September 2001)

In the wake of the tragedy of last week, the President has announced a call-up of thousands of military reservists to aid with our nation's increased security and defense needs. Reservists and National Guard personnel will be taking leave from their jobs for extended periods of time to serve our nation. The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides employees who serve on active duty with special protection regarding job security and employment discrimination in their civilian positions. Employers must be aware of their obligations under USERRA.

USERRA, enacted in 1994, clarifies and strengthens the earlier Veterans Reemployment Rights Act (VRRA). While continuing the protections of the VRRA, USERRA has strengthened the rights of returning reservists by clarifying the law, improving enforcement mechanisms, providing enhanced protection for disabled veterans, and requiring that employers use reasonable efforts such as training to enable returning service members to refresh or upgrade their skills to qualify for reemployment.

USERRA applies to all employers doing