Federal law requires employers to notify employees of their rights under USERRA, and employers may meet this requirement by displaying this notice where they customarily place notices for employees. USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services.

Vacation pay

Service members must, at their request, be permitted to use any vacation that had accrued before the beginning of their military service instead of unpaid leave. However, it continues to be the law that service members cannot be forced to use vacation time for military service.

Reservists and members of the National Guard (when in active federal service) are also protected under the SSCRA. SSCRA (for all) begins on the first day of active duty, which means when the person ships out to basic training (Basic Training, and job-school are considered active duty for Guard and Reserve personnel, as well as active duty personnel). Some protections under the act extend for a limited time beyond active duty discharge or release but are tied to the discharge/release date. Additionally, some of the Act’s protections extend to the members’ dependents.

RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION

If you:

are a past or present member of the uniformed service; have applied for membership in the uniformed service; or are obligated to serve in the uniformed service;

then an employer may not deny you any of the following because of this status:

initial employment; reemployment; retention in employment; promotion; or any benefit of employment.

In addition, an employer may not retaliate against anyone assisting in the enforcement of