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Employee Rights, Uniformed Services Rights

 

Section 206 of the Congressional Accountability Act (CAA) applies certain rights and protections of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) to covered employees. USERRA protects employees performing service in the uniformed services from discrimination and provides certain rights to reemployment and benefits upon the completion of military service.

In general, an employing office may not deny initial employment, reemployment, retention in employment, promotion, or any benefit of employment to an eligible employee on the basis of the employee's service in the uniformed services. Service in the uniformed services includes the Armed Forces (active and reserve), the National Guard, the Public Health Service, or any other category designated by the President during time of war.

An employee who leaves work to serve in the uniformed services has rights to reemployment and to certain benefits when he or she returns to their employer after their service obligation. There are certain limitations and conditions applied to reemployment rights. In addition, the employee must not have left the uniformed service with less than an honorable discharge, and must give adequate notice to his or her employer (if possible) before leaving for duty.

 

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