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How to Handle the Reinstatement Process Under USERRA

Author: Meryl Gutterman, Nukk-Freeman & Cerra, PC

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is a federal law designed to encourage individuals to engage in uniformed service, minimize disruption in the workplace, prohibit discrimination against individuals who serve and ensure prompt reemployment of those who have served.

In order to make sure the goals of USERRA are met, an employer and its supervisors must be familiar with the law and procedures for reinstating employees who leave their employment to serve in the uniformed services. If an employee has been absent from civilian employment to serve in the uniformed services, the employee will likely be eligible for reemployment and the employer will have reinstatement obligations. To properly handle the reinstatement process under USERRA, an employer should follow these guidelines.