Coming Back From Military Service? Your USERRA Reemployment Rights and Deadlines
Coming back from military service? Your USERRA rights
Drill weekends, training and deployments can pull service members away from their civilian jobs. The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects your job, your seniority and your pay progression when you return, if you follow the notice and return rules.
- You’re entitled to reemployment if you gave advance notice, your cumulative service with that employer is not more than five years (with exceptions), and you return or apply on time.
- Return deadlines depend on how long you served: the next regular work period for service under 31 days, 14 days to apply for 31-180 days, and 90 days for more than 180 days.
- You get the seniority and seniority-based benefits you would have earned if you’d stayed continuously employed.
- After returning, you can’t be fired except for cause for one year (service over 180 days) or 180 days (service of 31-180 days).
Who is protected
Under 38 U.S.C. 4311, USERRA discrimination and retaliation, a person who is a member of, applies to be a member of, performs or has an obligation to perform service in a uniformed service “shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment” because of it. Retaliation for enforcing USERRA rights is also prohibited.
Reemployment requirements
Under 38 U.S.C. 4312, reemployment rights, you’re entitled to reemployment if:
- you or an appropriate officer gave the employer advance written or verbal notice (unless military necessity or circumstances made notice impossible or unreasonable);
- your cumulative absences for service with that employer don’t exceed five years, with certain exceptions; and
- you report back or apply for reemployment on time.
Return deadlines
| Length of service | Deadline to return or apply |
|---|---|
| Less than 31 days | Report by the start of the first full regularly scheduled work period on the first full calendar day after service ends, plus eight hours after time allowed for safe travel home |
| More than 30 days but less than 181 days | Apply within 14 days after service ends |
| More than 180 days | Apply within 90 days after service ends |
The statute extends these deadlines in some cases, such as when you’re hospitalized or recovering from a service-related illness or injury.
Seniority and protection after you return
Under 38 U.S.C. 4316, seniority and other rights, you get the seniority you had when service began “plus the additional seniority and rights and benefits” you would have attained if you had remained continuously employed. While away, you’re treated as on furlough or leave of absence for other benefits. After reemployment you can’t be discharged except for cause within one year if you served more than 180 days, or within 180 days if you served more than 30 days but less than 181.
Tips
- Give notice in writing when you can and keep a copy.
- Keep your orders and discharge papers to show the dates of service.
- Ask about raises and promotions you would have received during your absence.
Related: jury duty and your paycheck.
General information, not legal advice. State laws vary; check your state labor department or an employment attorney for your situation.
Header image: Photo: “Flickr – The U.S. Army – Homecoming at Fort Hood” by The U.S. Army, PUBLIC DOMAIN (cropped).