Who is entitled to Veteran′s Reemployment Rights?
In accordance with the Uniformed Service Employment and Reemployment Rights Act (USERRA), an agency must reemploy employees who occupy an FTE position (including those in a probationary or trial period) returning from military service as long as the length of military service does not exceed 5 years. Under USERRA, “an employer is not required to reemploy a person under this chapter (3 USC § 4312) if the employment from which the person leaves to serve in the uniformed services is for a brief, non-recurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period.” An employee in a temporary capacity does not have reemployment rights.
