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Uniformed Services Employment and Reemployment Rights Act (USERRA)

Katie M. Reynolds, Aracely Lopez, and Evelyn Saxton

The Uniformed Services Employment and Reemployment Rights Act (USERRA), enacted in 1994, provides protections for servicemembers who temporarily leave their civilian employment to serve their country. 38 U.S.C. §§ 4301-4335. USERRA prohibits employers from discriminating against servicemembers based on their military service. Servicemembers are entitled to leave their regular employment to perform military duties without having to use vacation or sick leave so long as they provide their employer with advance written or verbal notice; servicemembers may then return home to the same or a similar position with the same rights and benefits they would have had as if they had never left. 38 U.S.C. §§ 4311-4319. Additionally, USERRA entitles servicemembers to varying lengths of time off following active-duty service, depending on the length of time of their military orders. 38 U.S.C. § 4312(e). With all the benefits of USERRA, there is still room for improvement. This article will focus on two issues: employment discrimination and lack of inclusion of National Guard State Active Duty (SAD) missions.

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