The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) protects individuals who have performed or who are performing service in the uniformed services from discrimination in employment based on their uniformed service. The law also provides employees certain rights to reemployment and benefits upon the completion of duty. Congressional and Legislative Branch employees are protected by USERRA, as applied by Section 206 of the Congressional Accountability Act (CAA) of 1995.

Protection under USERRA is provided to those who are (or who have been) in the “uniformed services,” which is defined very broadly by the law. This definition includes active or reserve service in the Army, Air Force, Navy, Marine Corps, and Coast Guard; service in the National Guard, Air Guard, and the Public Health Service; as well as any other category designated by the President during time of war.

USERRA prohibits an employer from denying initial employment, reemployment, retention in employment, promotion, or any benefit of employment to an eligible employee on the basis of that individual’s participation in the uniformed services. This applies not only to an employee’s current status in the uniformed services, but also to past service and future obligations as well.

USERRA also provides reemployment rights for an individual who is away from work for service in the uniformed services. The definition of “service” is extensive, covering virtually every type of duty. An eligible employee who performs active duty (both voluntary and involuntary), active duty for training, inactive duty training (weekend drills f o r Reservists), initial active duty for training, full time National or Air Guard duty, or who is absent for an examination to determine fitness for duty (such as a physical) is entitled to reemployment upon his or her return to the job (with certain stipulations).

The right to reemployment applies to absences from the workplace of up to 5 years in length.