Employers may be surprised to learn that certain employees with greater than five years of military leave may still have reemployment rights under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). USERRA has numerous exemptions to the statute’s five-year service limit, and employers may need to consult an employees’ orders and discharge documents (DD-214 or NGB 22) before denying an employee reemployment rights under USERRA. While the burden of proving entitlement to reemployment (including service not in excess of five years) rests with the employee, USERRA also requires employers to treat employees as if they are on a furlough or leave of absence during a period of service. Tracking cumulative leave, and understanding the exemptions, may inform both the employee and employer as to where an employee stands with respect to the limit, and what actions may be appropriate once an employee reaches the service limit. Here are some tips and suggestions for employers interpreting military orders to determine whether leave is counted toward USERRA’s five-year limitation.
The appearance of orders varies by branch but tends to follow a similar format. At a minimum, orders should contain the issuing authority (i.e., the specific branch of the armed forces, whether Army, Navy, Air Force, Marines, etc.), an order number or reference code, the period of leave, purpose of leave, statutory...
Did L’Oréal open its 2026 Paris fashion show with a transgender model wearing a dress that accentuated her male genitalia? French Student Protests Spark Flurry of Misleading, Mislabeled Videos By I...