WHEN YOU RETURN: In order to ensure a smooth transition back to work, you need to communicate with your employer. You have rights and responsibilities under USERRA. In order to be eligible for reinstatement following your service:
- You must provide prior notice to your employer that you will be absent from your employment due to military service. Notice should be given as early as you have information of your departure.
- You must leave your place of employment for the purpose of performing military service
- You must serve under honorable conditions for USERRA to apply.
- You must not be absent for more than five cumulative years from any one employer, performing military service (with some exceptions)
- You must report back to work following your service in a timely fashion
You must apply for reemployment or report back to work within the following guidelines:
|1 – 30 days of service
||Report to work the next scheduled work day.
|31 – 180 days of service
||Apply within 14 days after completion of service.
|181+ days of service
||Apply within 90 days after completion of service
It is recommended you present the appropriate supervisor and Human Resources (HR) representative with a copy of your discharge/separation order. If you were gone for more than 30 days and your employer requests proof of your service, you must provide it, once it is available.
Following is a checklist of suggested items to do or check into upon your return:
- Accumulation of seniority
- Reinstatement of health insurance, dental and vision plans without waiting periods for you and any dependents
- Update beneficiaries and family information
- Resolve pay and compensation issues
- Review 401k or other pension plans and determine if and how make up contributions will be made. Share your plans with your employer
- Review retirement and life insurance benefits
- Determine if training or retraining of job skills is necessary and share this with your employer
- Update personal data - address, telephone numbers, and email address
- Keep a record of names, dates, and a brief summary of your conversations with your employer
- Expect protection against discrimination and harassment
- To thank your employer and supervisor for their support and cooperation, nominate them for a “Patriot Award” at www.esgr.mil, select “Award Your Employer,” and fill out the form
This checklist contains suggested actions to do or consider doing prior to service, all actions are not required to gain or maintain USERRA protections.