⚖ Legal Rights
USERRA Employment Rights Guide
Your employer must rehire you, cannot discriminate against you for serving, and must continue your pension and health benefits. Most employers don't know this. You do.
Read Military Recall PoliciesYour employer must rehire you, cannot discriminate against you for serving, and must continue your pension and health benefits. Most employers don't know this. You do.
Read Military Recall PoliciesUSERRA — the Uniformed Services Employment and Reemployment Rights Act — is one of the most powerful employment protection laws in the United States. It applies to every civilian employer with one or more employees, and most employers and employees don't fully understand it. If you are a veteran, reservist, or Guard member who has been called up, demoted, fired, or harassed because of your service, USERRA may entitle you to your job back, back pay, and more.
Employers must reemploy you in the same position you would have attained had you not been absent (the "escalator principle") — including promotions you would have received. If that position no longer exists, you go to the nearest comparable position.
Strongest ProtectionEmployers cannot refuse to hire, deny promotion, or take adverse action against any person because of past, present, or future military service obligations. This applies at every stage of employment.
ComprehensiveYou may elect to continue employer-sponsored health insurance for up to 24 months during service. You pay up to 102% of the premium (employer + employee share). Upon return, pre-existing conditions cannot be excluded.
Your pension plan must continue as if you never left. Employer contributions that would have been made during your service must be deposited when you return. This includes 401(k) matching.
| Service Duration | How Soon to Return to Work | Reemployment Position |
|---|---|---|
| 1-30 days | Beginning of first full regularly scheduled workday after safe return | Same position or one of like seniority, status, and pay |
| 31-180 days | Within 14 days of completing service | Same position or one of like seniority, status, and pay |
| 181+ days | Within 90 days of completing service | Same position or escalator position; employer may place in comparable position if unable |
Employers have limited defenses to USERRA reemployment obligations: changed circumstances that make reemployment impossible or unreasonable, the employee would have been discharged regardless of service (must prove by clear and convincing evidence), or reemployment would cause undue hardship. "Undue hardship" has a very high bar — courts rarely find it for standard reemployment claims.
USERRA protections apply whenever you are called up for military service. The recall policies guide explains what triggers your USERRA rights.
Read Military Recall Policies