{"id":353861,"date":"2016-04-04T10:47:11","date_gmt":"2016-04-04T15:47:11","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/military\/family-employment-housing\/how-do-i-get-military-employment-protection.html"},"modified":"2016-06-20T20:25:07","modified_gmt":"2016-06-21T01:25:07","slug":"how-do-i-get-military-employment-protection","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/military\/family-employment-housing\/how-do-i-get-military-employment-protection.html","title":{"rendered":"How do I Get Military Employment Protection?"},"content":{"rendered":"\n
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How do I Get Military Employment Protection?<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

 Employment protection for service members is regulated by the Uniformed Services Employment and Reemployment Act<\/a> (USERRA), a federal law that also prohibits employment discrimination on the basis of one’s military service or obligation.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Members of the National Guard and Reserves occasionally get called up for military service. It’s part of the deal and requires time away from their civilian jobs. Thankfully, federal law requires all employers to reemploy service members once they return from their assignment with the military.<\/p>\r\n

It’s reassuring that you can’t lose your job, benefits, or even a promotion while serving your country. But you should familiarize yourself with the process and learn how to file a complaint if you believe your USERRA rights have been violated. See What is Military Employment Discrimination?<\/a> for an in-depth explanation of the law and its protections.<\/p>\r\n

Give Notice Before You Leave<\/h2>\r\n

Even though federal law protects your civilian job status while you serve your country, you still have certain obligations to your employer. First and foremost, you need to provide advance written or verbal notice of your pending military service. The law doesn’t state how much advance notice is required, only that you must provide notice "as far in advance as is reasonable under the circumstances."<\/p>\r\n

What if you simply can’t give notice? Say you are called up in an emergency or otherwise unable to give notice. You\u2019re still protected by USERRA, as long as all other eligibility criteria are met. In most cases, though, you will have the opportunity to notify your employer before your active duty obligation begins.<\/p>\r\n

There are no filing or reporting requirements for you or your employer, although your employer may ask your commanding officer for proof of a military service requirement, which could simply be a copy of your orders or a signed memorandum from your commanding officer.<\/p>\r\n

Reapply for Your Job After You Return<\/h2>\r\n

Upon discharge from service, you must reapply for your job (or simply report back to work) within the appropriate amount of time. If you\u2019re recovering from a service-related illness or injury, USERRA will protect your job for up to two years from the date of service discharge. If you\u2019re disabled as a result of your service, your employer is required to make "reasonable efforts" to accommodate you.<\/p>\r\n

Your employer may require proof of military service lasting 31 days or more, in which case your application should include documentation establishing that:<\/p>\r\n