USERRA Advisor

An employer may NOT use lack of documentation at the time the individual requests return as a basis for delaying or denying reinstatement. If the documentation received later shows that the individual is not eligible for protection under USERRA, the person may then be terminated at that point.

An employer has the right to require a person who is absent for a period of service of 31 days or more to provide documentation showing that:

1. The application was timely,
2. The 5-year service limit was not exceeded, and
3. The separation from service was not under circumstances specified in section 4304 of USERRA. 

See 20 CFR Part 1002.121, 20 CFR Part 1002.122, and 20 CFR Part 1002.123.

If more information is needed, contact your local VETS office. If you think your situation warrants a complaint, please review the instructions on how to file a complaint form. You will find a link to the form on the instructions page. The Veterans' Employment and Training Service will investigate complaints and attempt to resolve them. Persons whose complaints against non-Federal employers are not resolved by VETS may request that their complaints be submitted to the Attorney General for possible representation in Federal court. Unresolved complaints against Federal employers will, upon request, be referred to the Office of Special Counsel for possible representation before the Merit Systems Protection Board.

NOTE: In Federal cases involving non-selection or layoffs, a person may wish to file complaints under both the USERRA and Veterans' Preference (VP) statutes. If you think that this situation applies to you, you must submit a separate complaint form for each statute allegedly violated (i.e., one for USERRA and one for VP). When this situation occurs, VETS will open two separate cases for investigation.

Please return to the Main Menu for more information on USERRA.