The Escalator Principle
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects civilian employment rights for members of the uniformed services. Qualifying servicemembers who leave civilian employment for military service generally have the right to prompt reemployment and to be restored according to USERRA’s reemployment rules, which are designed to place them as nearly as possible where their civilian careers would have been had military service not intervened.
Deadlines for Reporting to Work
You generally must report for the first regularly scheduled work period that begins after you have had sufficient time to travel home safely from military service and receive an eight-hour rest period. If timely reporting is impossible or unreasonable through no fault of your own, you must report as soon as possible.
Service less than 31 Days
Potential USERRA Reemployment Issues
Delay in Reinstatement
Demotion in Status or Responsibility
Loss of Seniority or Benefits
Service Member Protections
USERRA Reemployment Rights
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects civilian job rights and benefits for veterans and members of the active and Reserve components of the U.S. armed forces. USERRA requires that service members be reemployed in the job that they would have attained had they not been absent for military service, with the same seniority, status, and pay.
Legal Sources: 38 U.S.C. §§ 4301-4335; 20 C.F.R. Part 1002.
Disclaimer: This page providing general information about USERRA is for educational purposes only and is not intended as legal advice or to create an attorney-client relationship. Laws are subject to change and specific facts may alter legal outcomes.
You must submit an application for reemployment with your employer no later than 14 days after completion of service.
Service 31-180 Days
The Five-Year Rule Exceptions
Generally, you have reemployment rights for up to five years of cumulative service with a single employer. However, there are numerous exceptions, including initial enlistments, periodic training (drills/AT), and service during national emergencies or for missions involving high-priority national security.
Documentation After Military Service
If your military service lasted 31 days or more, your employer may request documentation showing that your application for reemployment was timely, that you have not exceeded USERRA’s applicable cumulative-service limit, and that your separation from service was not disqualifying.
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If the required documentation does not exist or is not readily available, however, the employer generally may not delay reemployment solely for that reason.
Practical Records to Keep
- Certified copies of your Orders and any amendments.
- Copies of written notice provided to your employer before departure.
- Certified copies of DD-214 or discharge documents.
- Records of all communication with HR or supervisors regarding your return.
- Comparative paystubs from before and after service.
You must submit an application for reemployment with your employer no later than 90 days after completion of service.
Service 181+ Days
Denial of Training Opportunities
Constructive Discharge Upon Return