What is Military Service Discrimination?
Current and former members of the U.S. military are entitled to additional workplace protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and under the Family and Medical Leave Act (FMLA).
Current protections under USERRA include the right to reemployment if you must leave your job to perform military service (assuming you meet certain conditions), the right to keep your employer-based health insurance for a period of time, and the right to be free from discrimination and/or retaliation in the terms and conditions of your job based on your military status.
Assuming you qualify for FMLA leave, and assuming you are a member of the National Guard or Reserves, you and your family members may qualify for additional protections under the FMLA. Currently, those protections include leave time for family members of those on active duty status or called to active duty, as well as up to 26 weeks of leave under certain circumstances.