Employer Support for Active Military

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a provision in federal law that requires an employer to allow an employee to return to their job when they return from Active Duty. For instance, if you are an Army Reservist called to Active Duty for training, domestic mobilization, or overseas deployment, your employer is obligated to give your job back when you return, provided you re-apply in a prompt manner.

USERRA also requires your employer return you to a position “as if you never left.” Called the escalator principle, it means if you are mobilized, your employer cannot deny you a promotion if you would have received one had not you been deployed. If you were due for a promotion during your deployment, or one of your peers got promoted while you were deployed, you are likely entitled to that same promotion upon your return.

To learn more about USERRA, visit the U.S. Department of Labor website.

Click here to learn more about a recent case involving a violation of USERRA.

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