Employers must protect the rights of service members during the hiring process, in requesting leaves, and in returning from leaves. 103–353, codified as amended at 38 U.S.C. §§ 4301–4335) was passed by U.S. Congress and signed into law by U.S. President Bill Clinton on October 13, 1994 to protect the civilian employment of active and reserve military personnel in the United States called to active duty. NEW YEAR, NEW START: Thinking of making a change? Repayment of employee retirement contributions or elective deferrals attributable to the period of service can be made over three times the period of military service but no longer than five years from the date of reemployment. The new law allows a company to claim a tax credit of up to $2,400 if it hires veterans who have been looking for work for at least one month. USERRA is codified in title 38 of the United States Code at sections 4301 through 4335 (38 U.S.C. 4 0 obj 24 months (beginning from the date the Employee leaves work due to military leave); or b. It allows for the service member to return to his previous job without fear of discrimination or retaliation. These rights and benefits include those that are provided for the employee by the employer and by law. VA CLAIMS AND APPEALS: Join MOAA on Jan. 12 for expert advice on this often-confusing process. According to the 8th U.S. Its military leave and reemployment provisions apply to all employees absent from work because of service in the uniformed services. Re-employment rights extend to persons who have been absent from a position of employment because of service in the uniformed services. USERRA provides robust reemployment rights and protections for employees who return to work from uniformed service leave. TRICARE Supplement? It may be provided by the employee or by an appropriate officer of the branch of the military in which the employee will be serving. to#work. 103–353, codified as amended at 38 U.S.C. Under USERRA, upon returning to work, an employee is entitled to all seniority rights and benefits (1) that he had on the date that he left for service, and (2) that he would have attained if the employee had remained continuously employed. Under USERRA, employees are generally required to … Most types of service will be counted in the computation of the five-year period. The day after the date the Employee fails to timely apply or return to a position of employment with an Employer participating in the Plan. Documentation upon return to work. Pets? USERRA applies to virtually all employers, regardless of size, including the federal government. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed into law on October 13, 1994. USERRA guarantees an employee returning from military service or training the right to be re-employed at his or her former job (or as nearly comparable a job as possible) with the same benefits. For instance, upon reemployment, you must be returned to your job with the benefits you would have attained had you not taken leave. endobj What are the guidelines USERRA provides for the employee to return to work after completion of military service? USERRA applies to virtually all employers, regardless of size, including the federal government. you return to work or apply for reemployment in a timely manner after conclusion of service; and you have not been separated from service with a disqualifying discharge or under other than honorable conditions. These time limits for returning to work depend (with the exception of fitness-for-service examinations) on the duration of a person’s military service. Re-employment rights extend to persons who have been absent from a position of employment because of service in the uniformed services. All employers must follow the USERRA military leave policy. Must-see videos from experts Tim Gunn and Stacy London offer fashion tips for civilian careers. 3 0 obj Even if prior to military leave an employee provides written notice that he or she does not intend to return to work following the leave, USERRA requires that the employee be considered to be on furlough or leave of absence while away. A person whose military service lasted 1 to 90 days must be “promptly reemployed” in the following order of priority: Re-employed servicemembers are entitled to the seniority and all rights and benefits based on seniority that they would have attained with reasonable certainty had they remained continuously employed. The Act prohibits employment discrimination against persons because of their absence from their civilian employment due to military service or training in the Armed Forces Reserve, the National Guard, or other uniformed services. USERRA also has protections for job applicants and for servicemembers after they have returned to work. Learn about USERRA and how it helps veterans return to civilian life. The service member provides his or her employer with the proper notice under USERRA to secure reemployment rights when they return. By Trish Higgins – August 19, 2016. AGENT ORANGE UPDATE: MOAA-supported language in the final NDAA would help tens of thousands of veterans. All employers must follow the USERRA military leave policy. Under USERRA, an employee's right to reemployment cannot be waived until it has accrued, which happens after the period of military service has ended. In the case of service of less than 31 days, the individual must normally return to work on the first workday after release from military service. (USERRA stands for the Uniformed Services Employment and Reemployment Rights Act of 1994.) endobj For purposes of pension plan participation, vesting, and accrual of benefits, USERRA treats military service as continuous service with the employer. The maximum period of continuation coverage for health care under USERRA is the lesser of: a. Join MOAA on Jan. 5, and let us help you find success. Separation from the service under other than honorable conditions. Is an application for reemployment required to be in any particular form? %���� The Department of Labor’s Veterans Employment and Training Service (VETS) recently released a fact sheet outlining how the Uniformed Services Employment and Reemployment Rights (USERRA) may apply during the COVID-19 pandemic. The USERRA does not provide a claim for hostile work environment. Servicemembers must, at their request, be permitted to use any vacation leave that had accrued before the beginning of their military service instead of unpaid leave. USERRA, Public Law 103-353, 108 Stat. For example, an employer is not required to provide hours of work for an average 2-week, 80-hour period if part of that period is missed due to military service. �H�|�d���"ɕ����ҋ&W�a4��(;�wO��J��,E�:#�#�~>��c�P/�G$(kI�����>|�/���Dg~w�_x�������^-���0An�t��O“jr���gf�ʺ�)n�p���i�A+�������B�~É�[��1����l��K�-ϸ*��'#�3��A>r� )2 About Sam Wright 1.1.1.7—USERRA applies to state and local governments 1.1.3.3—USERRA applies to National Guard service MOAA INSURANCE: Life? 2 0 obj As the name implies, this is the law that provides job protections for employees who are absent from work to serve in the U.S. Armed Forces (Army, Navy, Air Force, Marines, Coast Guard, National Guard, Reserves, and others). If a veteran’s service was between thirty (30) and one-hundred and eighty (180) days, he or she may not be discharged except for cause for six (6) months following their return to work. that would diminish the rights established in USERRA will take precedence over the provisions of USERRA. Discover what servicemembers must be aware of when returning to work. Persons who serve for 30 or fewer days are not protected from discharge without cause. USERRA also requires that reasonable efforts (such as training or retraining) be made to enable returning servicemembers to qualify for reemployment. USERRA calls the notification to return to work an application for reemployment. You USERRA provides that military service performed prior to December 12, 1994, will count toward the USERRA 5-year limit if it counted against the limits contained in the old law. Give timely notice of their need to perform military service except as required by military necessity or unless impossible or unreasonable. §§ 4301–4335) was passed by U.S. Congress and signed into law by U.S. President Bill Clinton on October 13, 1994 to protect the civilian employment of active and reserve military personnel in the United States called to active duty. SAVE ON SHIPPING: Learn more about how MOAA members can get great deals using UPS. 1 0 obj In contrast, USERRA does not supersede, nullify, or diminish any federal or state law, or company policy, union agreement, practice or contract that provides greater rights or benefits to service members. However, the returning service member does not have to go through an application process, Notification, even verbal notification, from the service member to the employer is a sufficient application for reemployment. REEMPLOYMENT RIGHTS ACT OF 1994 USERRA is a federal statute that protects servicemembers’ and veterans’ civilian employment rights. Timely return to work USERRA Eligibility. %PDF-1.7 Some of these laws extend USERRA rights to employees called to active state duty. USERRA protects military service members in a number of ways: It ensures they’re reemployed after returning from duty, prevents career disadvantages linked to the military, and forbids employment discrimination based on their service. Idaho Employment Law Solutions also takes pride in assisting employers in adhering to both the spirit and law encompassed in USERRA. <> An important point given the current economic situation that’s made in the recent, coronavirus-themed fact sheet: A National Guard or Reserve member can lose their job after returning from service “if it is reasonably certain that he or she would have been furloughed or laid off had he or she not been absent for uniformed service.”, [RELATED: MOAA Joins Call to Use Title 32 Orders for National Guard]. Additionally, while USERRA does not require employers to pay employees while they are on military leave, many states have laws requiring public employers to provide paid military leave. No law, policy, practices, etc. Share this: In the recent case of Starr v. QuickTrip Corp., No. USERRA re-employment rights apply if the cumulative length of service that causes a person’s absences from a position does not exceed five years. Apply for reemployment within a set time after release from military service. USERRA applies to virtually all employers, regardless of size, including the federal government. 2. The law requires employees to provide their employers with advance notice of military service, with some exceptions. The law provides military service members with relief from certain civil obligations while on active military duty. “Service in the uniformed services” means the performance of duty on a voluntary or involuntary basis in a uniformed service, including: For the purposes of USERRA, uniformed services consist of the following: [LATEST NEWS AND GUIDANCE: MOAA.org/Coronavirus]. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, Pub.L. VETS interprets and provides guidance on USERRA, and investigates complaints filed under this law. The USERRA prohibits all employers from discriminating against employees that leave to serve in the military and requires the employer to reinstate the employee if the absence is five years or less. <>/Metadata 139 0 R/ViewerPreferences 140 0 R>> Another distinction is that USERRA modifies at-will employment by creating a “for cause” standard of discharge for veterans who return to work after a month or more of military service. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed into law on October 13, 1994. Others provide different rights and obligations for employees serving in the state military. USERRA Coverage. Timeliness is based on the length of the absence. Among other things, under certain conditions, USERRA requires employers to put individuals back to work in their civilian jobs after military service. USERRA's notice and documentation rules are significantly different from the FMLA's requirements, Voss noted. Giving Notice: Employers have the right to receive advance notice of service, unless conditions make it impossible for the employee to do so. Although USERRA initially received little attention, it has gained new prominence for legislators and employers alike since the terrorist attacks on the United States in 2001. 2. If you cannot become qualified for either position described in (A) or (B) above (other than for a disability incurred in or aggravated by the military service) even after reasonable employer efforts, you must be re-employed in a position that is the nearest approximation to the positions described above (in that order) which you are qualified to perform, with full seniority. LEXIS 12972 (10th Cir. USERRA pension protections apply to defined benefit plans and defined contribution plans as well as plans provided under Federal or state laws governing pension benefits for government employees. Enacted fol-lowing the Persian Gulf War, the Act’s purpose was to expand the rights of employees returning to work from uniformed service by entitling them to positions with their pre-service employers, complete with all of … However, they are protected from discrimination because of military service or obligation. To be eligible for protection under USERRA, the service member must report back to work or apply for reemployment within the following guidelines: 1-30 days of service: Report next scheduled workday 31-180 days of service: Apply within 14 days completion of service The law provides for health benefits continuation for persons who have coverage under a health plan in connection with their employment who are absent from work to serve in the military. STATE REPORT CARD: An updated guide to taxes and more, exclusive to MOAA members. ��X��\�����ސ&}v64A>@�>����,������fSL��L����l���|~X�o>7�Fo�7�۫ ^:�*��v-��F){����3͠.��9�Cx��P2Hߌ{�^�)�d�zz2pp� -��"D��|{�[.�Ik$?�%{Z1yI���}���A{�=�v�O�Xu�E�HŒ��H��R���V��>�s҈�%muHف�e%G��i�0>! H+��Y��� #�r,K_�p�o(N$jV"�|������1�ö�C��V�V�o�����;�IpqK?�ۑLd��XѣB�Gd�/�2���#B?�~����5,�`s+~/Ea�x=��?A�*X�餅ȡ!�^����1D�!�!��;�O��}klag�y2q�ѷ%�[^!��S`?E��� �=���W�����4``�?�[ ���MT,�f���=� �Y��)�������1���rlO;���O,�Jm�a���> T@���?&� �z�Ÿ�;J[��G�|��0��Ӏ?��Q���G� Ostrom retired from the Air Force in 2000 and joined the MOAA team in 2006. VETS interprets and provides guidance on USERRA, and investigates complaints filed under this law. Some laws, such as The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), are federal, but many states have their own laws affecting veterans and employers. USERRA provides that returning servicemembers are to be reemployed in the job that they would have attained had they not been absent for military service, (the \"escalator\" principle), with the same seniority, status and pay, as well as other rights and benefits determined by seniority. USERRA entitles most returning service members to reemployment after a period of service. USERRAguarantees an employee returning from military service or training the right to be re-employed at his or her former job (or as nearly comparable a job as possible) with the same benefits. �s~2vf�U�Z�G However, there are exceptions. VETS interprets and provides guidance on USERRA, and investigates complaints filed under this law. 9. USERRA’s “escalator principle” is unique among employee leave protections. What are the guidelines USERRA provides for the employee to return to work after completion of military service? ]|���G`�1o2jC!�6wd���Uֻ�7:z�/�-�Hy�ɧ��.��2��0Hi��uE�#p�*L��p #%hɘ�Ӱ)GKL/B���ܤwG€"��(�qF� R�K� ��Q����m>��`��m �A����XQ".�,i�a.��-rx��g�·�6b�6��5(�*�c�Y��?a���_�o�R��Be@���(ȈxG����0�&[*j5�Րʐ���%��n�`)6(g�R��1�j�a,�Y�ku�i�-+�JM�.K�EtgT]�o1�~��KL��������O���8%�Os�k���`%X|��S�a���ì &9/��?�p�w �O�2� ��]�K���㔊�1���H*Z��vY_�;���D��58k�e�¯��!j6+�cT���l�(�|9��XTR x����r qa3��� 0����&3Y;3�b��D[��D--9���S��fS$c[fĒ�fWuUuݛ��'��훏�މ��H��;�y�*���K%���4W�._���7�z�����WoΥ���_��0(R�8������Ƽ�L���'n�W������^29��f���ř�O~����0���/޿��^�:p�x���%3%�E,k�����H�2�> 9 幫UDP��P�hP?ˆ�H/���?���;��$n���'�>� SURVIVING SPOUSE CORNER: Get regular updates on key issues, financial tips, and more. Is an application for reemployment required to be in any particular form? The Act also prohibits employers from discriminating against past and current military members, as well as people who apply for military service. To qualify for USERRA’s protections, a service member must be available to return to work within certain time limits. By law, it should be. The following is a condensed version of some USERRA provisions. Let’s look at what it means for employers. The wars in the Middle East have highlighted the issue of compliance with the workplace protections offered to veterans and reservists. ��[�ڄ�R�U�%�c4�E �φ?�څ.s�� F�Ѻ�O���H�b ����_�З�e���$I��B�9� Y��3�'/���`mh���7�v�HA6�:�������irԎɉd�GJ$aг6���t�]�����r]�,��rPŬ�eЈ/^�o̷…��L���bS�*`oD�Q����Gd1}�J�D���Ji�,� ��+��C� ���z0�^�)��8O������S�*q�x����@�f�: aG[1��� L��q6������ƙ����c�Y\RS��vQޡ���Me{3�Gُ�c��5Y�[���pOf�F��m�Z�+"�f$}�����=��=7>�„~���³���^�?Bx�WH��YAꭘ�7emE�XiI���8�YT@�hL�k�T� ���b��3�ܨ4'�ӿ�G������D�e�Ύ܄��M/��f8��d�汼}�w��n�|��ӶQ%��+��ѷ�DՃ Rights Act (USERRA) became law in 1994 . Our website uses cookies to deliver safer, faster, and more customized site experiences. At a minimum, to be eligible for USERRA protections, employees must provide advance notice of their military service and must return to work in a timely manner after the service has concluded. The Act prohibits employment discrimination against persons because of their absence from their civilian employment due to military service or training in the Armed Forces Reserve, the National Guard, or other uniformed services. His responsibilities include researching and answering member inquiries regarding military benefits, health care, survivor issues, and financial concerns. The law provides military service members with relief from certain civil obligations while on active military duty. There have been no changes to the law, but the benefits the law offers may be of particular importance to Guard and Reserve members called up to protect the health and well-being of citizens in this time of need. Deployment Shouldn’t Result in Unemployment It’s not easy serving your country as a military reservist while holding down a full-time civilian job. USERRA is a federal law that protects the employment and job rights of military members who leave their civilian jobs to perform military service. Under USERRA, upon returning to work, an employee is entitled to all seniority rights and benefits (1) that he had on the date that he left for service, and (2) that he would have attained if the employee had remained continuously employed. COVID-19 RELIEF FUND: Your generosity makes a difference. Separation from the service with a dishonorable or bad conduct discharge. So although we may wonder at some of the provisions of USERRA, let’s embrace the law. Show your support today. The service member is scheduled to work a full-shift the day before training, yet working the full-shift will not leave the employee with time to rest between commitments because he must drive through the night to get to the training site. The maximum credit is increased to $5,600 for hiring veterans who have been searching for work for at least six months. By using our site you agree to our use of cookies. �L�[�0���9��,���K-�-#G&�2$�Q��1n��N��"�5c)g��Nr?�l�K��d�FkZ������&WI�[���b۰=�����&�g!Odp|�S�Q�aO�ܵH{ Interest Rate Cap 15-5079, 2016 U.S. App. What is USERRA? USERRA applies to all U.S. employers, regardless of size. USERRA is meant to help service members find and keep civilian jobs. The law ensures that service members: are not disadvantaged in their civilian careers because of their military service; are promptly re-employed in their civilian jobs upon return from duty; are not discriminated against by employers because of past, present, or future military service. © Copyright 2020 Military Officers Association of America Returning service members have a right to re-employment under USERRA and it requires employers to provide eligible employees with up to five (5) years of unpaid leave that also maintains the employee’s seniority, healthcare and pension benefits. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 11 0 R 22 0 R 23 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> ~f�t�)�I"3|R�L�CxT�p?i �qq��z�ԏ4C�T`Y�3%#�ΐGa{B;�ir;�������Ƚ�d��>�-�0&�3�&�^�eC^�2s�� For certain reemployed veterans, the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. USERRA FACT SHEET NGAUS Legislation Benefits Helpful Links NGAUS Notes USERRA Military Forms Golf Courses Guard & Reserve Links Guard & Reserve Articles The Uniformed Services Employment and Reemployment Rights Act (USERRA), provides job protection and rights of reinstatement to employees who participate in the National Guard and Reserve. However, service members cannot be forced to use vacation time for military service. These time limits for returning to work depend (with the exception of fitness-for-service examinations) on the duration of a person’s military service. No law, policy, practices, etc. TRICARE SELECT FEES: What beneficiaries need to know for the new year. Without USERRA, Reserve and National Guard personnel would be forced to choose between their service to their country and their work for their employer. Notice may be either written or oral. Individual absent without authority for more than three months or is imprisoned, (A) In the job you would have held had you remained continuously employed, so long as you are qualified for the job or can become qualified after reasonable efforts by the employer, or. Dismissal of a commissioned officer involving a court martial or by order of the president in time of war. MOAA sponsors a variety of insurance plans to help meet your needs. The notice may be written or oral. LEGISLATIVE ACCOMPLISHMENTS: Learn how MOAA's advocacy work has made a difference. Federal law requires employers to notify employees of their rights under USERRA, and employers may meet this requirement by displaying this notice where they customarily place notices for employees. 3162. LAW REVIEW1 20026 March 2020 Leave Active Duty and Apply for Reemployment and Return to Work To Obtain Civilian Pension Credit for the Period of Service By Captain Samuel F. Wright, JAGC, USN (Ret. www.ESGR.mil Minnesota MMeyer@MinnesotaESGR.com 4-Mar-19 Return to (or Release From) Work? USERRA provides protections for initial hiring and adverse employment actions by an employer if the action is motivated even in part by the employee's military service. <> There are some exceptions, of course, and an employer has the right to request that a person who is absent for a period of service of 31 days or more provides documentation. 4301-35). Links are provided below for complete details, or call the VETS toll-free helpline at 1-866-4-USA-DOL (1-866-487-2365) from 8 a.m. to 8 p.m. Eastern. application for return to work. Service of 1 to 30 Days USERRA protects the employment rights of people who are in the military service. �&���^g�3��Qy�'��zTj�# JM�r@یe���;�Ɣ i6����vW USERRA became law on October 13, 1994, and its reemploy - ment provisions apply to all members of the uniformed services seeking civilian reemployment on or after December 12, 1994. Additionally, employers may be granted a $9,600 tax credit for hiring out-of-work veterans with service-related disabilities. | Privacy Policy, MOAA Joins Call to Use Title 32 Orders for National Guard, MOAA’s 2021 Transition Guide: Suited for Success, How to Showcase Your Soft Skills to Prospective Employers, Absence from work for an examination to determine a person’s fitness for duty, Funeral honors duty performed by Guard-Reserve members, Duty performed by employees of the National Disaster Medical System (NDMS), Army, Marine Corps, Navy, Air Force, and Coast Guard, Army Reserve, Marine Corps Reserve, Navy Reserve, Air Force Reserve, and Coast Guard Reserve, Army National Guard and Air National Guard, Commissioned Corps of the Public Health Service, Anyone designated by the president in time of war or emergency. Under USERRA, a re-employed employee may not be discharged without cause: (1) For one year after the date of re-employment if the person’s period of military service was for 181 days or more; (2) For 180 days after the date of re-employment if the person’s period of military service was for 31 to 180 days. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, Pub.L. §§ 4301–35, requires not only good cause for termination, but also that the employee have notice that the conduct in question would give the employer cause to … The Act also prohibits employers from discriminating against past and current military members, as well as people who apply for military service. Subject to the terms and conditions set forth below, any person whose absence from a position of employment with the University is necessitated by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits of this Policy in accordance with the following terms and conditions: Such person (or an appropriate officer of the uniformed service in which such service is performed) must provide advance written or oral notice of se… | Sitemap The National Committee for Employer Support of […] Your résumé is more than just a list of accomplishments. Interest Rate Cap. Notice Required for Termination under USERRA Human resources representatives and supervisors need to be aware that when it comes to terminating reemployed veterans, neither non-discrimination nor good cause is sufficient. If you are serving in the military for more than 180 days then you have 90 days to return to work. Your service disqualifies you for USERRA in these four circumstances: To qualify for USERRA’s protections, a service member must be available to return to work within certain time limits. The USERRA prohibits all employers from discriminating against employees that leave to serve in the military and requires the employer to reinstate the employee if the absence is five years or less. To be entitled to these benefits, employees must do the following: 1. 3 # There#is#alotof#confusion#and#“bum#scoop”#going#around#concerning#the#application# of#USERRA#to#the#“wounded#warrior”#scenario,#so#Iam#taking#this#opportunity#to#explain#again# USERRA’s#provisions#for#the#service#member#or#veteran#who#is#returning#to#acivilian#job#after# Cause for discharge may be based on conduct or the application of legitimate nondiscriminatory reasons. USERRA affords these same protections to members of Reserve components. Re-employment rights extend to persons who have bee… USERRA is meant to help service members find and keep civilian jobs. endobj that would diminish the rights established in USERRA will take precedence over the provisions of USERRA. Read our privacy policy for more information. I have also dealt with the VRRA and USERRA as a judge advocate in the Navy and Nearly all states prohibit employers from discriminating against employees who serve in the military. USERRA coverage may be triggered prior to formal military orders. Some companies and even government agencies violate this law. Service members convalescing from injuries received during service or training may have up to two years from the date of completion of service to return to their jobs or apply for reemployment. USERRA provides protection for disabled veterans, requiring employers to make reasonable efforts to accommodate the disability. When it comes to private employers, state laws generally require unpaid leave. USERRA is a federal law that provides certain employment rights to active military personnel and reservists called to active duty. HISTORY IN THE SKY: Meet the men and women in the cockpit of vintage aircraft. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is a federal law that guarantees employment rights to members of the military, both active and reserve. What documents satisfy the requirement that the employee establish eligibility … stream Let MOAA’s experts help you make it the best it can be. Like many other federal and state laws, you can file a class action to enforce your rights under USERRA and the rights of other similarly situated employees who work or previously worked for the same employer. Wounded warriors want to return to work - and employers can help that transition. The version of USERRA that President Clinton signed in 1994 was 85% the same as the Webman-Wright draft. U.S. Department of Justice ����J����C�Ww����)_ݑ��\kQ�@-h��S����Z����د�N���+Of@�ر��,V�u�\�8�I ���u�%����PW���)"e�W�H�?���f�)��S��?`wW^hhB+�^�X+^. An employer cannot discriminate against you for being a National Guard member. What documents satisfy the requirement that the employee establish eligibility for reemployment after more than thirty days of service? In contrast, USERRA does not supersede, nullify, or diminish any federal or state law, or company policy, union agreement, practice or contract that provides greater rights or benefits to service members. Most employers make a effort to follow the USERRA law and comply with the re-employment requirements. An employer may choose to offer an employee the opportunity to work hours missed as a benefit not provided under the USERRA. COVID-19: Get links to coronavirus resources, plus the latest updates from MOAA and our content partners. 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