USERRA: What Employers Need to Know

Understanding USERRA

As military service becomes more visible across the workforce, employers are increasingly fielding questions about leave and reemployment. USERRA helps provide clarity.

The Uniformed Services Employment and Reemployment Rights Act, or USERRA, is a federal law that protects employees who serve in the uniformed services. It covers job protection, reemployment rights and certain benefits during military leave. USERRA applies broadly. Most employees are eligible, and the definition of “employer” includes private businesses, government entities and organizations of all sizes.

Military service under USERRA includes both voluntary and involuntary duty, such as active duty, training and National Guard service, as well as certain federal service roles. The uniformed services are defined as the following:

• Army, Navy, Marine Corps, Air Force and Coast Guard
• Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve, Coast Guard Reserve
• Army National Guard and Air National Guard
• Commissioned Corps of the Public Health Service
• Other persons designated by the president in time of war or emergency

Employee Responsibilities and Reporting Back to Work

Employees are generally expected to provide advance notice of military leave, unless it’s not possible due to military needs. Notice can be written or verbal and may come from the employee or a military officer.

After completing service, employees have the right to return to work, but must meet specific timelines:

• Less than 31 days of service: Return to work at the next scheduled work period (with time for travel and an eight-hour rest).
• 31 to 180 days: Apply for reemployment within 14 days following completion of service.
• 180 or more days: Apply for reemployment within 90 days following completion of service.

These timelines may be extended for up to two years if the employee is recovering from a service-related injury or illness.

Example: Sally was on full-time Army National Guard duty from Jan. 1, 2026, through March 1, 2026, a total of 60 days. Sally is required to apply for reemployment no later than March 15, 2026, unless doing so is impossible or unreasonable under the circumstances.

Employer Responsibilities

Employers may be required to continue health benefits during qualifying military leave, depending on the situation.

Employees are generally entitled to reemployment if:

• Their total military service does not exceed five years, and
• They return to work or apply for reemployment within the required time frames

Some exceptions can extend the five-year limit, including initial service obligations, involuntary service, national emergencies and certain training requirements. When these situations arise, employers should consult internal legal counsel.

Employers should also consider how military leave affects Family and Medical Leave Act, or FMLA, eligibility. Time spent on USERRA-covered military service must be counted when determining eligibility. In practice, this means calculating hours based on what the employee would have worked if they had not been absent.

In addition to USERRA, some states have their own military leave laws. These may differ in terms of eligibility, leave entitlements and covered service, so it’s important to review applicable state requirements.

Employer Takeaways

USERRA provides important protections for employees serving in the military while outlining clear responsibilities for employers. Understanding the basics can help employers respond confidently to leave requests, support their employees and stay compliant.

Where to Go Next

Find additional resources from the Department of Labor: dol.gov/agencies/vets/programs/userra/resources

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