USERRA — Employment & Reemployment Rights
Federal law guaranteeing your job back after deployment with same seniority, pay, and benefits. Prohibits employment discrimination for military service.
Who qualifies: Active duty, National Guard.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects your civilian career:
Reemployment Rights:
• Right to return to your civilian job after military service (up to 5 years cumulative absence)
• Must be reemployed in the same or equivalent position with same seniority, pay, status, and benefits
• Protection from being fired without cause for 1 year after return (if service was 180+ days)
Antidiscrimination Protection:
• Employers cannot deny initial employment, promotion, or any benefit based on military status
• Cannot be denied training or other benefits
Health Insurance:
• Can continue employer health insurance for up to 24 months during service
• Must be reinstated upon return without waiting period or exclusion for preexisting conditions
Pension/Retirement:
• Pension benefits continue to accrue during military service
• Employer must make pension contributions as if you had not been absent
How to use USERRA:
• Provide advance notice to employer (written preferred)
• Report back to work within required timeframes after service ends
• File a complaint with DOL VETS if employer violates USERRA