The Uniformed Services Employment and Reemployment Rights Act of 1994

2. The Uniformed Services Employment and Reemployment Rights Act of 1994 “USERRA” Title 38 U.S.C sections 4301- 4335

3. Federal law intended to ensure that persons who serve or have served in the Armed Forces, Reserves, National Guard or other “uniformed services:” (1) are not disadvantaged in their civilian careers because of their service (2) are promptly reemployed in their civilian jobs upon their return from duty (3) are not discriminated against in employment based on past, present, or future military service.

4. Military Leave for State Employees • Types of Leave • Notification to Employer • Time off • Reinstatement

5. Types of Leave Short Term Leave • Leave of 6 months or less Long Term Leave • Leave of 6 months or longer • Long-term military leave can't exceed five years. A Federal Statute provides for an exception to the five year limit • War or National Emergency Leave

6. War or National Emergency Leave Leave when the President has determined that it's necessary to augment the active forces for any operational mission, or in time of a national emergency declared by the President or Congress (GC 19775.15 through 19775.18).

7. Unpaid Leave • Inactive duty such as scheduled reserve drill periods also qualifies for a military leave of absence. The State does not grant paid time off for inactive duty leaves. But you may use vacation and/or any other leave credits except sick leave to attend scheduled reserve drill periods or perform other inactive duty reserve obligations

8. Unpaid Leave Cont. If your reserve obligations fall during your regular work shift and you give five working days notice to your department, your department will make every effort to accommodate you. Your department Will try to change your schedule both to help you avoid using vacation and/or other leave credits, and to avoid docking your pay.

9. Notification to Employer • When you're ordered to active duty, you must provide a copy of your order to your employer • You should give your employer a minimum of five days advance notice.

10. Granting of Leave Short term military leave • you're a permanent, probationary, limited-term, or temporary employee and • you're ordered to report for active duty in the armed forces, National Guard, or Naval Militia for a period of six months or less.

11. Granting of Leave cont. Long Term Military Leave • you're a permanent or probationary employee and • you're ordered to report for active duty in the armed forces, National Guard, or Naval Militia for a period of more than six months

12. Returning to State Service • You'll need to give your department a copy of your military separation document • The military separation document helps the State verify your release wasn't for dishonorable or bad conduct conditions. It also ensures that your leave didn't exceed the time limits for entry and release from active duty. • The State won't deny or delay your reinstatement if the information doesn't exist or if it isn't readily available. However, you need to provide the information as soon as it becomes available.

13. Return to Work Cont. The military separation document must provide • the condition of your release from the military service (for example, "honorable," "general," "under honorable conditions" are considered satisfactory discharges), • the date you entered active duty, and • the date you were released from duty.

14. Time Frames • After short-term military leave (six months or less) • If you're a permanent or probationary State employee, you must return to State service within 14 calendar days after the end of your military leave, following any period of rehabilitation afforded by the United States or after the termination of the State military emergency ordered by the Governor (Federal Statute 4312, Title 38).

15. Short Term Cont. If you're a limited-term or temporary State employee ordered to active duty military service for: • 30 days or less: You must return to State service within 10 calendar days after the end of your military leave or within 30 calendar days after any rehabilitation afforded by the US or the State following military service (GC 19782 and Federal Statute 4312, Title 38).

16. Short Term Cont. • More than 30 days but less than 180 days: You must return to State service within 14 calendar days after the end of your military leave or within 30 calendar days after any period of rehabilitation afforded by the United States or the State following military service (GC 19782 and Federal Statute 4312, Title 38).

17. After long-term military leave (more than six months) • If you're a permanent, probationary, or exempt State employee, and you want to return to your job after your long-term military leave, you should contact your department upon release from active duty to request reinstatement. • You must return to State service within six months after the end of your long-term military service. Your military service can't extend beyond five years except under special circumstances (CG 19780).

18. After emergency military leave • If you're a permanent or probationary State employee, you must return to State service within 14 calendar days after the end of your military leave, following any period of rehabilitation afforded by the United States or the State, or after termination of the State military emergency ordered by the Governor. • If you're a limited-term or temporary State employee, you must return to State service within 10 calendar days after the end of your military leave, or 30 calendar days after the end of the State military emergency ordered by the Governor.

19. Right of Return If you're a permanent or probationary State employee, you have the right of return to your former position. This can be • The last position you held, • A position at the same level, • A position to which you could have transferred.

20. Right of Return Cont. • If you're a permanent State employee in a limited-term or temporary position at the time of your military leave, and your position expired or was abolished, your right of return will be based on your previous permanent position.

21. No Right to Return • If you're a limited-term or temporary State employee and have no prior permanent civil service status, and your position expired or was abolished while you were on military leave, you may be separated as of the date your position expired or was abolished, just as you would have been separated had you not been in the military service (GC 19782).

22. No Right to Return Cont. • You may not have a right of return. For example, at the end of your long term military service, you may have exceeded the six month limit. If you don't have a right of return, you should ask your former department about your eligibility for a permissive reinstatement.