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ARTICLE · 01 JUNE 2007

USERRA And The Five-Year Rule

Littler Mendelson
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More than five years after September 11, 2001 and the ensuing military engagements, many employers are facing the decision of what, if anything, they can or should do about employees who have been on military leave for more than five years.

United StatesEmployment and HR
Littler Mendelson, P.C.
Littler Mendelson, P.C.
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More than five years after September 11, 2001 and the ensuing military engagements, many employers are facing the decision of what, if anything, they can or should do about employees who have been on military leave for more than five years. The Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301, et seq., protects the employment of employees who take up to five years of cumulative military leave with the same employer. But there are many exceptions to the five-year rule and employers would be wise to re-acquaint themselves with USERRA's statutory obligations and interpretative regulations, 20 C.F.R. §§ 1002.1, et seq., before ringing any bells that cannot be unrung (i.e., terminating an employee who has been on military leave for more than five years). This Insight will lay out USERRA's basic requirements, provide practical guidance to employers on how to treat employees who have been absent for five years and outline steps that employers can take

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