Human Resource Blog

USERRA in Wyoming

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How does USERRA impact our employees in Wyoming?

The Uniformed Services Employment and Reemployment Rights Act is a federal Act that impacts the rights of employees in states across the country, including employees in the state of Wyoming. USERRA was put into place in 1994 in order to replace the Veterans Reemployment Rights Act.

USERRA helps to ensure that when an employee takes time off of work in order to tend to certain military obligations, the employee will still have a job when the employee returns to work after the period of leave. Also, the Act prohibits employers from discriminating against any employee that needs to take time away from work for military service or that has served in the military in the past.

When an employee works for any branch of the military, the employee is covered. Examples of covered branches include:

·         U.S. Armed Forces

·         Coast Guard

·         National Guard

·         Public Health Service

·         Reserves

Also, employees may take time away from work for a variety of covered reasons, including the following:

·         Active or inactive duty

·         Active or inactive duty for training

·         Voluntary or involuntary service

·         Voluntary or involuntary service for training

·         Full-time guard duty

When an employee leaves work to fulfill a military commitment, the employee must return within a time period that is based on the length of service. That time period is as follows:

·         For service lasting up to 30 days, the employee must return to work within one business day after returning home

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

·         When service lasting more than 181 days, the employee must return to work within 90 days after returning home

·         No one can serve for more than five years and still receive coverage. CB