Key Terms and Definitions
Uniformed Services: Active and Reserve Armed Forces (Navy, Air Force, etc.), National Guard, Public Health Service, or any other category designated by the President during time of war or emergency.
Discrimination (Based on Uniformed Service): Denying initial employment, reemployment, retention in employment, promotion, or any benefit of employment to an eligible employee on the basis of the employee's service or application for service in the uniformed services is prohibited.
Rights to Benefits: Benefits protected include seniority and other seniority-based rights and benefits that the employee had on the date he or she began service in the uniformed services, plus any additional seniority and seniority-based rights and benefits for which the employee would have been eligible had he or she remained continuously employed; continued coverage under a health insurance plan while absent to perform service; and rights under pension plans.
Eligible for Reemployment: Employees’ rights to reemployment are conditioned on certain factors, including having given adequate notice to an employer prior to leaving for service; not being discharged with less than an honorable discharge; properly applying for reemployment (when required); and not exceeding the maximum allowable length of service (see Time Limits).
Time Limits: Covered employees whose absence for service in the uniformed services exceeds a cumulative total of five years with any one employing office may not be eligible for reemployment. Certain forms of uniformed service do not count in this cumulative total.
Limitations and Conditions on Reemployment: Reemployment may not be required under certain conditions, such as if the reemployment would create financial hardship for the employing office or if the employee was not a full-time employee and there was never any expectation that his or her employment was permanent.
