Laws Concerning Military Leave
The law is a highly complex subject that requires years of study to master. Members of the armed forces are often disadvantaged in legal situations upon their return to civilian life. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is a national level law that ensures you are protected against discrimination by your employer if you are a member of the military and your civilian career is protected upon your return.
Under the law, your boss must ensure that you are reemployed upon your return in addition to giving you time off for your military service. Federal law requires that you are reemployed in a position that is similar to the one you had before you left to fulfill your military obligations. USERRA prevents discrimination from your employer or coworkers when you return from your military service, and it also prevents your employer from firing you without cause for up to one year after your return. Your employer must make reasonable accommodations to veterans that become disabled due to their military service. Essentially, this law protects you as a service member and ensures you are treated fairly in the civilian world upon your return.
Discrimination Against Military Members is a Pressing Problem
Without knowing it, many of us face discrimination in the workplace on a daily basis, but many of us don’t do anything about it. Obvious examples of workplace discrimination include being denied a promotion, demoted, fired because you served in the military. But, there are also more insidious examples such as your boss treating others that have not served in the military more favorably than you, or upon your return your employer rehires you in a job with less pay, benefits, or seniority. If coworkers ridicule you, they are not only rude, but they are breaking the law. Contacting an attorney is important if you believe that you have experienced discrimination because of your service in the military.
Countering Discrimination in the Workplace
Many states also have their own laws regarding military discrimination. Labor and employment law is dense and complicated, and so you should always contact an attorney if you feel that your rights have been violated.
Not only does the law cover deployment, but it also covers any training as part of the National Guard or Reserves. Although, certain conditions must be met if you are to be protected under USERRA such as ensuring your employer has advanced notice of your deployment, your total leave cannot exceed five years, and you must resume employment within the time frame determined by your service. Your civilian life deserves to be protected from any form of discrimination, especially due to your service to the nation. Those that tolerate discrimination against anyone, let alone military members, should be held accountable.
Source: http://thenewblackmagazine.com/view.aspx?index=3522