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USERRA: Frequently Asked Questions

USERRA: Frequently Asked Questions

FAQs for Employers of NDMS Members

Not necessarily. USERRA provides that military or NDMS service performed prior to December 12, 1994, will count toward the USERRA 5-year limit if it counted against the limits contained in the old law. (transition rules—not codified)

Note: This material is for information only and should not be considered as legal authority. While this fact sheet is directed to civilian employers of members of the National Disaster Medical System, it should be noted that Active component members, Public Health Service Commissioned Corps members, and certain others are also protected by the Uniformed Services Employment and Reemployment Rights Act (USERRA), if they meet the eligibility criteria. Contact the Committee for Employer Support of the Guard and Reserve at (800) 336-4590 with specific questions regarding USERRA.

If you need more information concerning specific situations, call the ESGR at (800) 336-4590.

Note: Where applicable, a relevant section number of Title 38 or Title 42, United States Code, is provided in parentheses after the answer. Specific USERRA verbiage and guidance can be found at 20 CFR § 1002 - CODE OF FEDERAL REGULATIONS: REGULATIONS IMPLEMENTING USERRA.