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USERRA And The Five-Year Rule

Law360 (June 5, 2007, 12:00 AM EDT) -- More than five years after September 11, 2001 and the ensuing military engagements, many employers are facing the decision of what, if anything, they can or should do about employees who have been on military leave for more than five years.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301, et seq., protects the employment of employees who take up to five years of cumulative military leave with the same employer.

But there are many exceptions to the five-year rule and employers...
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