The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides leave to employees who volunteer for, or are involuntarily called into, service in the uniformed services.

Eligible Employees: All employees employed in the United States are eligible for USERRA leave if they volunteer for, or are called into, service in the uniformed services. "Employee" includes any person who is a citizen, national, or permanent resident alien of the united States who is employed in a workplace in a foreign country by an employer that is an entity incorporated or organized in the United States, or that is controlled by an entity organized in the United States. "Employee includes the former employees of an employer. An employee whose position with the employer is only for a brief, non-recurrent period, with no reasonable expectation of continuing that employment, does not qualify for protection under USERRA (note: this is a very limited category, and an employer would have the burden of proving that there was no expectation of continuing employment).

Uniformed Services: The term "uniformed services" means the Armed Forces; the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty; the commissioned corps of the Public Health Service; and any other category of persons designated by the President in time of war or national emergency. For purposes of USERRA coverage only, service as an intermittent disaster response appointee of the NDMS when federally activated or attending authorized training in support of their federal mission is deemed "service in the uniformed services," although such appointee is not a member of the "uniformed services" as defined by USERRA.

Service in the Uniformed Services: The term "service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority. Service in the uniformed services includes active duty, active and inactive duty for training, National Guard duty under Federal statute, and a period for which a person is absent from a position of employment for an examination to determine the fitness of the person to perform such duty. The term also includes a period for which a person is absent from employment to perform funeral honors duty as authorized by law. The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 provides that service as an intermittent disaster-response appointee upon activation of the National Disaster Medical System (NDMS) or as a participant in an authorized training program is deemed "service in the uniformed forces."

Employee Notice: An employee must give advance written or verbal notice of a need for leave to perform service in the uniformed services that is reasonable under the circumstances of the service commitment that led to the need for leave. An employee is not required to provide such notice if it is precluded by military necessity, or if it is otherwise impossible or unreasonable.

Amount of Leave Provided: An employee is generally entitled to 5 years of service in the uniformed service. USERRA, however, includes a number of exceptions that require the employer to provide the requested leave, but not count the service period towards the five-year limit.

Nature of Discharge: An employer may deny reinstatement if an employee's service in the uniformed services is terminated as:

• A separation from uniformed service with a dishonorable or bad conduct discharge

• A separation from uniformed service under other than honorable conditions

• A dismissal of the employee under section 1161(a) of title 10

• A removal of the employee from the rolls pursuant to section 1161(b) of title 10

Use of Accrued, Unpaid Vacation During Leave: Any employee on a military leave may use any accrued, but unused, vacation to compensate the employee during the leave. The employee is not required to use such vacation during a military leave, but may choose to do so.

Employee Responsibility to Seek Reinstatement: The following rules apply to an employee who seeks reinstatement after completing a period of service in the uniformed services.

• For uniformed service that is less than 31 days, and for fitness for duty examinations: the employee must return to work at the beginning of the first regularly scheduled work period that starts on the first full day after release from service, following reasonable travel time home, plus an 8-hour rest period.

• For uniformed service that is more than 30 days, but less than 181 days: an employee must seek reinstatement within 14 days of release from uniformed service.

• For uniformed service that is more than 180 days: an employee must seek reinstatement within 90 days of release from uniformed service.

• In cases of injury or illness: if an employee is hospitalized, convalescing, or recovering from an injury or illness incurred or aggravated during uniformed service, the periods for seeking reinstatement may be extended for a period of up to two years, unless seeking reinstatement after expiration of that period is impossible or unreasonable due to no fault of the employee.

Reinstatement Positions: An employee returning from leave who properly seeks reinstatement according to the requirements of USERRA and applicable state law is entitled to be reinstated as follows:

If uniformed service is 91 days or less: the employee must be returned to the position they would have held if there had been continuous employment, if the employee is qualified to perform the required duties of that position (the "escalator" position). If the employee is not qualified to perform the required duties of that escalator position, the employer must return the employee to it and make reasonable efforts to qualify the employee for it. If the employee is not qualified for the escalator position after these reasonable efforts are made, the employee must be reinstated to the position the employee held immediately prior to the start of their leave.

If uniformed service is greater than 90 days: the employee must be returned to the escalator position. If the employee is not qualified to perform the required duties of the escalator position, the employer must return the employee to the escalator position and make reasonable efforts to qualify the employee for that position. If the employee is not qualified for the escalator position after these reasonable efforts are made, the employee must be returned to the position they held immediately prior to the start of their leave, or a position of like status, pay, and seniority to the pre-service position.

Disabled employees: an employee who has a disability that is incurred in, or aggravated during, uniformed service is entitled to receive reasonable accommodations in the performance of the escalator position. If the employee is not qualified for the escalator position even with the consideration of reasonable accommodations, the employee shall be reemployed in a position of equivalent seniority, status, and pay for which they could become qualified, or for which they are qualified after reasonable accommodation. If the employee cannot meet the qualifications of this second position even with the consideration of reasonable accommodations, the employer must reemploy the employee in a position that is the nearest approximation in terms of seniority, status, and pay to the second position, with reasonable accommodations. A "disability" is defined under USERRA more broadly than it is under the Americans with Disabilities Act (ADA).

An employer must promptly reinstate an employee. Prompt reinstatement will vary depending on the amount of time the employee has been out on military leave. Prompt reinstatement may require a delay in employment of up to two weeks following the date the employee seeks reinstatement. Only in unusual circumstances will this period exceed two weeks.

Discharge Restrictions: Employees who are reinstated after uniformed service that lasts between 30 and 180 days may not be discharged except for cause, for a period of six months following reinstatement. Employees who are reinstated after uniformed service that lasts more than 180 days may not be discharged except for cause, for a period of one year following reinstatement. For purposes of this section of the policy, "cause" means:

• With respect to employee conduct, that it is reasonable to discharge the employee for the conduct in question, and that they had notice, which was express or can be fairly implied, and that the conduct would constitute cause for discharge, and

• With respect to other reasons for termination of employment, such as a position elimination or a layoff, there are legitimate, nondiscriminatory reasons for the action.

Reinstatement Limitation: An employee has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the leave period. Additionally, if an employee fails to seek reinstatement within the time frames discussed below, the company will apply its normal work rules regarding absence from employment without notice or permission.

Health & Welfare Benefits While on Leave: An employee on military leave who elected health care coverage under the employer's health care plan immediately prior to the start of a leave will retain that coverage for the first 30 days of any military leave at the rates the employee paid immediately prior to the start of the leave. After 30 days of leave, the employee may elect to continue their health care coverage, including coverage for dependents, for up to 24 months, under USERRA. If this continuation coverage is elected, the employee will be required to pay the entire cost of such coverage, which may be up to 100% of the full premium amount for that coverage. Employees also may be entitled to coverage under COBRA for up to 18 months of a military leave. COBRA coverage runs concurrently with any continuation coverage under USERRA and the employee is entitled to only one form of continuation coverage. The employee is responsible for all premium payments attributable to the employee; failure to pay such premiums will result in cancellation of coverage.

Non-Discrimination and Non-Retaliation Based on Military Service: Any employee who believes that they have been discriminated or retaliated against based on their past, present, or future participation in the uniformed services, their request for military leave, a complaint or participation in an investigation of a compliant of discrimination or retaliation, or any other situation protected under state or federal law, shall be entitled to raise a complaint.