Military Leaves and USERRA

With war in Iraq looming, as of February 19, 2003, over 151,000 members of the Reserves and National Guard are currently serving on active duty, with more call-ups likely in the coming months. That represents an increase of nearly 100,000 reservists serving in active duty since the beginning of the year. This dramatic increase in the reserve call-up has important implications for employers whose employees are called to active duty.

The Uniformed Services Employment and Reemployment Rights Act ("USERRA"), 38 U.S.C. § 4301, et seq., is the most important law employers need to understand when dealing with employees called to military service or training. This federal law applies to all American employers, regardless of size, and provides job protection and special employment benefits rights to employees on military leave.