The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects those who take leaves of absence from work to serve in the military, including those in the Reserves or National Guard, and prohibits employer discrimination based on military service or obligation.

Under USERRA, once the employee has completed his or her military service, the employer must reinstate the employee (so long as the cumulative period of absence is less than five years) to the job that the employee would have attained had he or she not been absent for military service, with the same seniority, status, and pay, or to a similar position. Once reinstated, USERRA prohibits employers from firing service members for a period of time, unless the dismissal is for cause. For more information about USERRA, go to the U.S. Department of Labor’s fact sheet here.

Whether you are preparing from a tour of active duty or returning from one, consult with an experienced employment lawyer if you require assistance with reinstatement or if you face discrimination because of your service.