The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects employees who serve in the military. Passed in 1994, it ensures that people who leave their civilian jobs for service in the Armed Forces can return to work with the same rights, benefits, and opportunities they had before.
For employers, USERRA is about balancing business needs with the sacrifices made by service members.
What USERRA covers
USERRA applies to all public and private employers in the United States, regardless of size. It protects individuals who serve in:
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Active duty in the U.S. Armed Forces
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Reserve and National Guard units
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Other uniformed services, including the Public Health Service Commissioned Corps
The law guarantees:
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Reemployment rights – Employees must be reinstated to the same job (or one of similar seniority, status, and pay) after military service.
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Protection from discrimination – Employers cannot deny hiring, promotion, or benefits because of military obligations.
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Continuation of benefits – Employees can continue health coverage for up to 24 months while on military duty and must be reinstated to pension plans as if they never left.
Eligibility requirements for employees
To be eligible for reemployment under USERRA, employees must:
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Give advance notice to the employer (unless military necessity prevents it)
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Have five years or less of cumulative military service with that employer
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Return to work or apply for reemployment within specific timeframes depending on the length of service
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Be discharged under honorable conditions
Common mistakes employers make
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Misunderstanding how long benefits must continue during military leave
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Failing to reinstate returning service members to the correct position
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Penalizing employees for absences due to service obligations
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Overlooking temporary employees who may also qualify for USERRA protections
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Retaliating against service members for asserting their rights
Penalties for violations
Employers who violate USERRA may face:
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Back pay and lost benefits
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Reinstatement of employment
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Attorney’s fees and court costs
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Liquidated damages in cases of willful violations
How to stay compliant
- Update your employee handbook to include USERRA rights.
- Train managers to understand reemployment obligations and non-discrimination rules.
- Keep benefits and retirement plans aligned with USERRA requirements.
- Document employee military leave and track reemployment deadlines.
- Handle reemployment promptly and fairly when employees return from service.
How Kubera HR Solutions can help
At Kubera HR Solutions, we help businesses review policies, train managers, and audit benefits administration to ensure compliance with USERRA. Our support helps employers confidently balance military service obligations with day-to-day business needs while avoiding costly legal disputes.