The employee, or an appropriate officer of the uniformed Service in which his or her service is to be performed, must notify the employer that the employee intends to leave the employment position to perform military service. What types of discharge or separation from uniformed Service will make the employee ineligible for reemployment rights under USERRA? Department of Defense Privacy Program, click here. Future assignments that are officially established.Ĭ4.2.2.5.2.1.13. the following are described as routine use disclosures specific to military members (see DoD 5400.11-R for complete list):Ĭ4.2.2.5.2.1.6. The type of information about a Service member's uniformed service that can be released to third parties is outlined in DoD 5400.11-R, Department of Defense Privacy Program, May 14, 2007. Employers may reach out to the employee's military chain of command to request this verification. However, per Department of Defense Instruction 1205.12, the Military Departments are required to verify periods of uniformed service upon an employer's request, regardless of duration of the service-related absence. Yes, under USERRA, Service members are not required to provide documentation to prove an absence was due to uniformed service, unless that service is more than 30 days and the documentation is requested by the employer. What criteria must the employee meet to be eligible under USERRA for reemployment after military service?

Similarly, if an entity withdraws an offer of employment because the individual is called upon to fulfill an obligation in the uniformed Services, the entity withdrawing the employment offer is an employer for purposes of USERRA. For example, if the individual has been denied initial employment because of his or her obligations as a member of the Guard or Reserve, the company or entity denying employment is an employer for purposes of USERRA. Under the act, an employer need not actually employ an individual to be his or her “employer,” if initial employment was denied on the basis of the individual’s military affiliation application for membership, performance of service, application for service, or obligation for service in the uniformed Services. A person, institution, organization, or other entity that has denied initial employment to an individual is in violation of USERRA’s anti-discrimination provisions.

Office timeline plus for military