Human Resource Blog

USERRA in Wisconsin

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How does the USERRA impact our employees in Wisconsin?

All employees are able to take time off of work in order to serve in any branch of the military according to the Uniformed Services Employment and Reemployment Rights Act. This is a federal Act that was put into place in 1994 in order to replace the Veterans reemployment Rights Act.

When employees have made a military commitment or intend to make a military commitment, they are covered by USERRA. USERRA prohibits employers from discriminating against employees based on that military commitment. It also helps to ensure that the employee will still have a job when he or she returns from the military service.

Employees may make a commitment to any branch of the military and still receive covered under USERRA, including the following branches:

·         U.S. Armed Forces

·         Coast Guard

·         National Guard

·         Reserves

·         Public Health Service

Also, employees can make a commitment to the military for any reason, including the following:

·         Active or inactive duty

·         Active or inactive duty for training

·         Voluntary or involuntary duty

·         Voluntary or involuntary duty for training

·         Full-time guard duty

When an employee makes a military commitment, the employee needs to return to work within a time-period that has been determined based on the length f service. The time period is as follows:

·         When the employee has been gone for service for up to 30 days, the employee needs to return to work on the next business day after returning home from service.

·         When the employee service between 31 and 180 days, the employee has up to 14 days to return to work after returning home from service

·         When the employee has been serving for more than 181 days, the employee must return to work within 90 days in order to continue to receive coverage.

·         Employees may not serve for more than five years if they wish to receive coverage. CB