The Uniformed Services Employment and Reemployment Rights Act (often referred to as “USERRA”) offers protections from employees who are either taking or returning from military leave. Our Dallas military leave lawyers fight for employees in disputes with employers about the effects of military leave on their employment status.
With some exception, an employee may have the right to reemployment if their military leave is five years or less. While on leave, an employee often has the right to earn seniority as the employee would have earned if the employee had not taken leave.
Also, the Americans with Disabilities Act protects employees who are injured while on military leave. If an employee is severely injured while on leave, an employer is required to offer a reasonable accommodation to the employee. Additionally, the employer cannot discriminate against the employee because of the disability. The meaning of the word “disability” covers both physical and mental impairments. Covered mental impairments include PTSD, depression, bi-polar, and many other injuries commonly suffered while being on military leave.
If you have been discriminated against for taking military leave, contact our Dallas military leave attorneys today.
