It is Congressional Law. The Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA, Pub.L. 103-353, codified as amended at 38 U.S.C. §§ 4301–4335) was signed into law by U.S. President
Bill Clinton on October 13, 1994 to protect the civilian employment of non-full-time military service members in the
United States called to active duty.
The law applies to all United States uniformed services and their respective reserve components.
The employer must offer the returning employee "an escalator position," which might be the job he or she would have
had if employment had not been interrupted by military service, or a position of like status, seniority, and pay.
If the employee is not qualified for his or her previous position because of an injury sustained during military service, he
or she is entitled to reemployment in any other position for which he or she is qualified, if that position provides similar
seniority, status, and pay of his or her previous employment.
An employer is required to grant a military leave of absence to a reservist who is called to or volunteers for
active duty. The same rights apply whether the reservist is called or volunteers.
Uniformed Services Employment and Reemployment Rights Act - Wikipedia, the free encyclopedia
