Human Resource Blog

USERRA Times to Return to Work in Tennessee

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What are the timeframes to return to work after military service in Tennessee?

When an employee takes time off of work for military service, the employee is protected by the Uniformed Services Employment and Reemployment Rights Act, which is a federal Act that is in place for employers and employees in states across the country. The Act helps to ensure that when the employees have completed their military service, they can return to work to have the same job or an equivalent job, as well as the same salary and benefits that they had prior to taking time away from work for service.

However, in order to maintain those USERRA privileges, the employee needs to return to work within a period of time that is established by USERRA based on the length of the employee’s service. Those timeframes are as follows:

·         When an employee serves up to 30 days, the employee should return to work within one business day after returning home from service.

·         When an employee serves between 31 and 180 days, the employee has up to 14 days to return to work after completing service.

·         When an employee serves more than 181 days, the employee has up to 90 days to return to work after returning home from service.

·         Employees should not serve more than five years, cumulatively, if they wish to maintain USERRA coverage. However, there are some exceptions to this rule, especially during times of national emergency.

Also, employees should not be discharged dishonorably if they wish to maintain USERRA coverage. Employees should also have worked in civilian jobs prior to taking time off for the military service.

Employees should be able to serve for a variety of reasons, including voluntary and involuntary duty, active duty, reserves, and training. Also, they can be covered for serving in a variety o branches, including the U.S. Armed Forces, National Guard, Public Health Service, and reserves. CB