The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects civilian jobs for people who serve in the military, including National Guard and Reserve members.
Core protections
- Reemployment after qualifying service if requirements are met.
- Protection from discrimination or retaliation because of military service.
- Continued health coverage options during service.
- Credit for time served in seniority and pension rights in many cases.
What service members should do
- Give your employer advance notice of service, written or verbal, when possible.
- Keep copies of orders and discharge records.
- Apply for reemployment within the time limit that depends on length of service.
- Ask about benefits and health coverage during leave.
Limits and exceptions
Total service time and type affect eligibility, and a discharge that is not favorable can end rights. An employer may not have to rehire if circumstances changed so much that it would be unreasonable.
If there is a problem
- Contact the U.S. Department of Labor's veterans employment office, which handles USERRA claims.
- You may also consult an attorney.
- Keep a record of conversations and dates.
Frequently asked questions
Does USERRA cover all employers?
It covers most employers, public and private, regardless of size.
Do I get paid during military leave?
Not necessarily by law, but employers may offer it and rules vary.