Human Resource Blog

USERRA in Arizona

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If we have some employees that will be leaving for the Coast Guard, are those employees covered under USERRA in Arizona?

Yes. USERRA, otherwise known as Uniformed Services Employment and Reemployment Rights Act, is a federal Act that applies to employees and employers in states across the U.S. The Act is in place in order to ensure that when an employee enlists in the Armed Forces, Coast Guard, or Public Health Services, the employee may leave work to serve duty, and return to work at the end of the duty to have the same general position and salary.

USERRA is the Act that replaced the Veterans’ Reemployment Rights Act. USERRA has been in place since 1994 and covers employers in both the public and private sectors.

When it comes to the service activities that are covered, employees are covered for the following:

• Voluntary or involuntary duty
• Active or inactive duty
• Active or inactive duty for training
• Initial active duty for training
• Full-time Guard duty

In addition to the Armed Forces, Public Health Service and National Guard sectors, reservists are also covered under USERRA. Under USERRA, employers are prohibited from discriminating against these covered individuals with regards to hiring, firing, promotion, training, and other employment benefits with the company. Both current and future employees are protected.

In order to be eligible, employees also have to meet some requirements, including the following:

• The employee needs to tell the employer of the service dates as soon as those dates are learned.
• Employees must have left their jobs temporarily in order to perform military service.
• The employee must not receive a dishonorable discharge from the military.
• The position that the employee left needs to have been permanent or full-time (it could not have been temporary).
• The length of the employee’s leave must not exceed five years, cumulatively.
• The employee needs to return to work within the pre-determined time period after completing the uniformed service. CB