The Uniformed Services Employment and Reemployment Rights Act (USERRA) establishes certain rights for employees of private employers who serve in the uniformed services. Specifically, USERRA prohibits private employers from discriminating or retaliating against such employees based on their uniformed service and ensures that those employees receive certain benefits and reemployment rights, as well as limited protection from termination, upon return from military leave. Regulations issued by the DOL’s Veterans’ Employment and Training Service (VETS) provide additional guidance on various provisions of USERRA.
Georgia also has a military leave statute that offers certain protections to employees who are absent from work due to military leave. The state law protects any private employee who serves in the state militia, the reserve component of the armed forces of the United States or the Georgia National Guard, or who attends military schools for a limited period of time. This chapter provides a summary of USERRA’s provisions, with references to Georgia law where it differs from USERRA.
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