Military veterans have earned special legal rights for their service. These rights help transition from military to civilian life and cover jobs, housing, and benefits.
Key laws protect veterans, including the Fair Employment and Housing Act (FEHA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA). Some states also have their laws to support veterans.
To use these rights, you often need to prove your military service. Your Certificate of Release or Discharge from Active Duty (DD Form 214) is crucial here. This document shows when and how you served. It’s your key to unlocking many veteran benefits and protections.
Keep it safe and make copies. You’ll need it when applying for jobs, seeking housing, or claiming benefits. Understanding your rights and having your military proof of service ready can make a big difference in your civilian life.
What are Veteran Employment Safeguard Laws?
FEHA and USERRA are crucial laws that protect veterans in the workplace. FEHA covers all U.S. Armed Forces members and veterans, including the National Guard and Reserves. USERRA casts an even wider net, protecting anyone who serves, has served, or will serve in uniform.
These laws shield veterans from job discrimination, ensure veterans can return to their civilian jobs after service, and require employers to keep veterans’ jobs and benefits safe while on duty.
It’s illegal to treat someone unfairly because they’re a veteran. If you’re called to serve, your job should be waiting when you return. These laws ensure veterans have a fair shot in the civilian job market.
Key Legal Rights and Protections for Military Veterans
As we explore the legal space for veterans, let’s look at some important areas where veterans have special rights and protections.
Education Rights for Veterans
Veterans have special education rights under laws like Washington’s RCW 28B.10.270. You can drop courses without penalties if you’re called to active duty for over 30 days. You can also get incomplete grades and finish later.
Some schools let you complete courses for full credit even if deployed. These rules help veterans balance education and service. They ensure military duties don’t derail your academic progress. Check with your school about their specific policies for veteran students.
Family Law Considerations
Military service can complicate family matters, but laws protect service members. For example, a parent’s military duties alone can’t change a parenting plan in Washington.
This rule (RCW 26.09.260) helps keep family arrangements stable. It recognizes that deployment is temporary and shouldn’t automatically alter custody. Consider your state’s specific protections for military parents if you’re facing family law issues.
Legal Protections Under Military Law
Military members have key legal rights under military law. Like in civilian law, you can remain silent during questioning.
You also have the right to a defense counsel. This means you can have a lawyer present when you’re questioned. These rights protect you from self-incrimination and ensure fair treatment. Always remember these rights if you face legal issues while serving.
Licensing Benefits for Veterans
Many states offer licensing benefits to veterans. Maryland’s Veterans Full Employment Act of 2013 is a good example. It requires licensing boards to consider military training and experience.
This can speed up the process of getting professional licenses. The act also helps military spouses who move to Maryland get licensed faster. These rules make it easier for veterans to start civilian careers. Check your state’s laws for similar benefits that can help you transition to a new job.
Protections Under FEHA
FEHA goes into detail about what employers can’t do. They can’t refuse to hire you just because you’re a veteran. Your pay and job terms should be fair, regardless of your military background. No one at work should harass you about your service.
Employers can only ask about your military status if it’s to give you veteran preference. This means they can’t use your service against you but can use it to give you an edge.
FEHA ensures being a veteran is seen as a positive, not a drawback. If you feel you’re being treated unfairly, FEHA gives you the right to speak up and seek help.
Beyond Military Status: Other Employment Rights
Veterans are protected from more than just military-related discrimination. FEHA shields you from unfair treatment based on race, religion, color, national origin, ancestry, disability, gender, age, and sexual orientation.
If you have a disability from your service or otherwise, your employer should make reasonable changes to help you do your job. The Family and Medical Leave Act (FMLA) is another helpful law.
It lets you take time off to care for a hurt family member while serving. These rights ensure that veterans are treated fairly in all aspects of their work life, not just in areas directly related to their service.
Keeping Your Job (During Active Duty)
You can protect your civilian job when called to active duty. You must tell your employer you’re leaving for service and plan to return. You can do this in person or writing. In urgent situations, you might be able to tell them later.
How soon you need to return to work depends on how long you serve. For short service (less than 31 days), you should return to work after you finish, including travel time and rest.
For longer service (31 to 180 days), you have 14 days to ask for your job back. If you serve more than 180 days, you get 90 days to apply for reemployment. These rules help ensure your civilian career stays on track while serving your country.
Job Protection After Deployment
When you return from service, your employer should put you back in the job you would have had if you hadn’t left. This includes any raises or promotions you missed while away. Your job security depends on how long you serve.
If you were gone for 31 to 180 days, you can’t be fired without good reason for 180 days after you return. This protection lasts a year for longer service (over 180 days).
This rule gives you time to readjust to civilian life without worrying about losing your job. It’s a key part of your rights as a veteran, ensuring that your service doesn’t harm your career. If you face unfair treatment when you return, you can challenge it.
Pay and Benefits During Military Leave
Your employer doesn’t have to pay you during military leave, but if they do pay some reservists, they must treat them the same way. You can choose to use vacation time for military leave, but you can’t be forced to.
Your health insurance is protected, too. Your employer must keep your coverage for the first 30 days of military duty. After that, you can keep your insurance through COBRA for up to 36 months, though you might pay more.
You might also be able to join other health plans under HIPAA rules. Your pension is safe, too. When you return, it should be like you never left.
You get time to catch up on missed pension payments – up to three times your service length, but not more than five years. These rules help protect your financial health while you serve.
What to Do If Your Rights Are Violated
If your employer breaks USERRA rules, you have options. You can file a complaint with the Department of Labor. Or, you can take legal action yourself.
If you win a USERRA case, you could get back pay and have your legal costs covered. For FEHA violations in California, you need to act within three years. First, file a complaint with the California Civil Rights Department.
Then, you can ask for a Right to Sue Letter to take your case to court. It’s important to know these steps and time limits. They ensure you can defend your rights if they’re not respected. Don’t hesitate to speak up if your rights have been violated.
Extra Protections in Different States
Some states offer more benefits for veterans. Let’s look at Washington State as an example. They have their own Law Against Discrimination to protect veterans. Veterans in Washington can get help with education costs and even free tuition at some schools.
If you’re renting a home, special rules protect you if you’re called to duty. Military parents get extra consideration in family law cases. Disabled veterans and their surviving spouses might pay less in property taxes.
These state-level benefits add to your federal protections. They show how different parts of the country support veterans in unique ways. It’s worth checking what extra benefits your state offers. These added protections can make a big difference in your daily life as a veteran.
Conclusion
Federal laws like FEHA and USERRA and state-specific protections safeguard your employment, benefits, and fair treatment. These laws cover job security, protection against discrimination, and maintenance of benefits during and after service.
Remember, you have the right to return to your job after deployment and to be free from harassment based on your veteran status. If your rights are violated, you can seek legal recourse.
Stay informed about your rights, keep your service documentation handy, and don’t hesitate to speak up if you face unfair treatment. Your service has earned you these protections – use them wisely.