Understanding State and Federal Job Protections for U.S. Military Members

Serving in the U.S. military is an honorable duty—one that often demands sacrifices not just on the battlefield, but on the home front as well. Recognizing these sacrifices, both federal and state laws have been implemented to ensure that military personnel are not unfairly penalized in their civilian employment due to their service. 

Federal Protections

The Uniformed Services Employment and Reemployment Rights Act (USERRA) stands as a cornerstone in protecting the employment rights of veterans and those in reserve components. Key highlights of this federal law include: 

• Re-Employment Rights: After completion of their military duty, service members are entitled to be reinstated in their civilian job. 

• Protection from Discrimination: Employers are prohibited from discriminating against individuals based on their military service or affiliation.

• Extended Absence for Military Duty: USERRA extends the permissible period for military duty absence to five years, with notable exceptions.

• Protection for Disabled Veterans: Employers are mandated to make accommodations for veterans with disabilities.

• The "Escalator" Principle: Service members should be reinstated to the position they would have achieved had they remained employed, including all associated benefits.

• Health and Pension Benefits: USERRA outlines specific protections for health and pension plan coverage.

Timelines for Reemployment Application

Depending on the duration of their military service, service members have specific timeframes within which to seek re-employment. When feasible, service members are also expected to notify their employers in advance of military duty.

State Protections

While USERRA provides a comprehensive federal framework, many states have additional laws that complement or extend job protections for service members. 

Examples of state protections include extending rights to National Guard members. Like federal personnel, this means that after their service, state armed services members have the right to return to their previous jobs without loss of benefits or seniority. Some states also require the service member to provide notice of their intent to return.

Upholding the Rights of Those Who Serve

The brave men and women of our armed forces commit themselves to defend our nation, often at great personal sacrifice. In recognition of their service, it's essential that their civilian employment rights are stringently protected. 

Your service to the country should never be a deterrent to your career growth; the laws are there to see to that. These laws not only reflect the nation's gratitude but also ensure that military service does not prevent you from achieving your civilian aspirations. Whether you're a service member trying to understand your rights, an employer seeking clarity on obligations, or simply someone looking for guidance, having a seasoned attorney in your corner is invaluable. 

Whether you want to learn more about job protections for veterans or just want a better understanding of how our legal system works, LegalFix is your go-to source for free legal information. You can find helpful articles and state-specific explanations of nearly 1,600 legal topics—or browse state and federal statutes to better understand the laws that affect you. Just visit LegalFix.com to find all this content—and check back often for more valuable legal products and services coming soon.