Human Resource Blog

USERRA in California

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How are we required to comply with USERRA in California?

All employers in states across the U.S. are required to comply with USERRA, including employers in the state of California. USERRA stands for Uniformed Services Employment and reemployment Rights Act. It is the federal Act that was put into place by Congress in 1994 in order to replace the Veterans’ Reemployment Rights Act (VRRA).

USERRA is the Act that helps to ensure that uniformed employees that also partake in military activities are not discriminated against. Under USERRA, employers are prohibited from discriminating against members of the U.S. Armed Forces, Public Health Service sector, National Guard enlistees, and reservists. Specifically, the Act states that employers may not discriminate during hiring, firing, times of promotions or with regards to the benefits that these employees receive.

There are specific eligibility requirements that must be met, including the following:

• Employees are only eligible for USERRA coverage if they leave their jobs in order to serve in the military.
• Employers are also required to provide the employer with notice of when they will be on leave, whenever possible. This notice can be made orally or in writing.
• The employee may not be discharged dishonorably from service if the employee expects to receive USERRA coverage.
• When an employee leaves a position in order to serve in the military, the position should not have been a temporary position.
• The length of leave for the employee should not exceed five years, cumulatively.

When the employee returns to work after the leave, the employee should expect to receive the same job or an equivalent job. The employee should also expect to have the same seniority, benefits and salary.

Also, there are pre-determined amount of times that the employee has between completing service and returning to work. The employee is required to return to work within this period of time in order to continue to receive USERRA coverage. CB