Military Service & Your Job (USERRA)
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the civilian jobs of people who serve in the National Guard, Reserves and active duty. It applies to virtually all employers, no matter how small.
- Workers
- Veterans
- Employers
Your basic rights
- Leave for service: including drills, annual training and deployments.
- Reemployment: the right to return to your job after service, generally if your total service with that employer is 5 years or less (many types of service don’t count toward the limit).
- No discrimination: employers can’t deny hiring, promotion or benefits because of past, current or future service.
- No retaliation for asserting USERRA rights.
Before you leave
Give your employer advance notice, written or verbal, unless military necessity makes it impossible. Written notice is best, with a copy for you. You don’t need your employer’s permission.
Deadlines to return
| Length of service | When to report back or apply |
|---|---|
| Less than 31 days | The next regular shift after safe travel home plus 8 hours of rest |
| 31 to 180 days | Apply within 14 days after service ends |
| More than 180 days | Apply within 90 days after service ends |
Deadlines can be extended while recovering from a service-connected injury or illness.
What you return to
- The escalator principle: the job, pay, seniority and status you would have had if you hadn’t left, including raises and promotions you would have reasonably received.
- Training to update your skills if needed.
- Pension credit as if you’d kept working.
- Protection from firing without cause for 180 days after return (service of 31 to 180 days) or 1 year (service over 180 days).
Health coverage
You can choose to keep employer health coverage for up to 24 months while serving (you may have to pay up to 102% of the premium for longer service). When you return, coverage must be restored without waiting periods.
Union members: USERRA rights apply alongside your contract. Let your business agent know before and after deployment, and keep your hiring hall registration and dues status in order.
Getting help
The U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) investigates USERRA complaints for free. Employer Support of the Guard and Reserve (ESGR) offers free mediation.
Standards & references
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