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There are some 130,000 U.S. military personnel in Iraq alone, according to the Brookings Institute. As U.S. involvement in various global hot spots winds down, more veterans will be returning to their homes and jobs. Employers need to be aware of their obligations to returning veterans.

Employer responsibilities are codified in the federal Uniformed Services Employment and Reemployment Rights Act.

USERRA applies to all employers regardless of size and regardless of whether they are public or private. It even applies to foreign employers doing business in the U.S. and to American employers operating in foreign countries. In cases when employment is short-term and nonrecurring, but is controlled by an entity such as a hiring hall, the hiring hall may even be the employer for purposes of this law. Executives and managers may be exempt from wage and hour requirements, but they are protected under USERRA. Independent contractors are not protected, but it鈥檚 important to double-check the requirements in USERRA鈥檚 regulations to make sure the position is analyzed properly.

The law sets a floor, but not a ceiling; you can do more.

There is an urban myth that employees who volunteer aren鈥檛 entitled to the same benefits and reinstatement rights as employees whose service is involuntary. That isn鈥檛 true. USERRA applies to all categories of military training and service, including voluntary duty.

USERRA covers active duty in the Armed Forces as well as federal National Guard and reserve military service. It also applies to service in the national disaster medical system. It covers absences for military fitness examinations, authorized funeral honors duty, service in the commissioned corps of the Public Health Service, and even attending a military service academy.

USERRA covers the entire spectrum of the employment relationship. The law prohibits discrimination in hiring as well as a refusal to reemploy. It protects employees who are on layoff status or on strike, as long as the employee would have been recalled to work, and even if the employee failed to respond to a return-to-work notice because of military service obligations. Employees don鈥檛 need employers鈥� permission to leave work. Employers have the right to be notified but that notice can be verbal or written, informal, and can even come from an appropriate officer instead of the employee. The Department of Defense likes employees to provide 30 days notice, but there is no requirement for them to do so. Employees also get some time to put their affairs in order before leaving for service.

Employees get their jobs back after military service. They get them back even if they told you they weren鈥檛 coming back. There are a few exceptions, but they are very limited. Employees may lose reinstatement rights if: cumulative service exceeds five years, the employee fails to provide timely notice of the intent to return to work, the discharge was dishonorable or for bad conduct, a commissioned officer is court-martialed, and for a few other circumstances. In addition, significant business changes may excuse employers from reemployment responsibilities, but they can鈥檛 deny reemployment just because a replacement employee would have to be terminated.

Some employer policies simply don鈥檛 apply in the case for employees protected by USERRA. For example, employers can ask for notice of 30 days or longer, but they can鈥檛 require employees to comply. An employer may need its employee, but Uncle Sam needs him or her more than you do. USERRA does not require returning veterans to follow any particular requirements for requesting reinstatement; employers鈥� policies that impose requirements may not be valid or enforceable. If, for example, an employer bases seniority on actual days of work, it can鈥檛 apply that policy or principle with returning veterans. And even at-will employers are limited to cause terminations for returning veterans for a period of time depending on the duration of military service.

Remember that recent legislative enactments and regulations have added to these protections. For employers of 50 or more, there is now a leave right under the federal Family and Medical Leave Act for a qualifying exigency that includes addressing issues arising from short-notice deployment, military events and related activities, family support or assistance programs, certain child care and school activities, financial and legal arrangements, counseling, rest and recuperation, and some post-deployment activities. In addition, eligible employees are entitled to leave to care for a current member of the armed forces with service-related disabilities.

Paula Barran, a founding partner at Barran Liebman LLP, has been practicing labor and employment law since 1980. In addition to regularly providing employer advice and solutions, she handles employment litigation in state and federal courts, labor disputes and employment arbitrations.