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.

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