Frequently Asked Questions

Uniformed Services Employment and Re-Employment Rights Act (USERRA)

What is the Uniformed Services Employment and Re-Employment Rights Act (USERRA)? 

USERRA is the federal law which protects service members' reemployment rights when returning from a period of service in the uniformed services, including those called up from the reserves or National Guard, and prohibits employer discrimination based on military service or obligation.  USERRA prohibits employment discrimination against a person on the basis of past military service, current military obligations, or an intent to serve.

Who is covered by USERRA?

The Act applies to persons who perform duty, voluntarily or involuntarily, in the "uniformed services," which include the Army, Navy, Marine Corps, Air Force, Coast Guard, and Public Health Service commissioned corps, as well as the reserve components of each of these services. Federal training or service in the Army National Guard and Air National Guard also gives rise to rights under USERRA. In addition, under the Public Health Security and Bioterrorism Response Act of 2002, certain disaster response work (and authorized training for such work) is considered "service in the uniformed services."

Uniformed service includes active duty, active duty for training, inactive duty training (such as drills), initial active duty training, and funeral honors duty performed by National Guard and reserve members, as well as the period for which a person is absent from a position of employment for the purpose of an examination to determine fitness to perform any such duty.

USERRA covers nearly all employees, including part-time and probationary employees. USERRA applies to virtually all U.S. employers, regardless of size.

As the employer of a service member, must I re-hire the service member at the completion of his or her service?

The pre-service employer must reemploy service members returning from a period of service in the uniformed services if those service members meet five criteria:

1. The person must have held a civilian job;

2. The person must have given notice to the employer that he or she was leaving the job for service in the uniformed services, unless giving notice was precluded by military necessity or otherwise impossible or unreasonable;

3. The cumulative period of service must not have exceeded five years;

4. The person must not have been released from service under dishonorable or other punitive conditions; and

5. The person must have reported back to the civilian job in a timely manner or have submitted a timely application for reemployment.

USERRA establishes a five-year cumulative total on military service with a single employer, with certain exceptions allowed for situations such as call-ups during emergencies, reserve drills, and annually scheduled active duty for training. USERRA also allows an employee to complete an initial period of active duty that exceeds five years (e.g., enlistees in the Navy's nuclear power program are required to serve six years).  

How does USERRA affect my service member’s employer-sponsored health care coverage?

USERRA provides that service members activated for duty on or after December 10, 2004 may elect to extend their employer-sponsored health coverage for up to 24 months. Service members activated prior to 12/10/04 may elect to extend coverage for up to 18 months. Employers may require these individuals to pay up to 102% of total premiums for that elective coverage.