Serving your country requires personal sacrifice—long hours, separation from loved ones, and physical and emotional demands. What it shouldn’t require is giving up your civilian job, healthcare coverage, or career progress.
That’s where the Uniformed Services Employment and Reemployment Rights Act (USERRA) comes in. This federal law protects your employment rights before, during, and after military service. Here’s what you need to know—and what to do if those rights are violated.
Table of Contents
- Getting Your Job Back After Military Service
- Protection From Discrimination and Retaliation
- Continuing or Restoring Your Health Insurance
- What To Do If Your USERRA Rights Are Violated
- Why USERRA Matters
- What This Means for Service Members and Veterans
- We’re Here to Stand With You
Getting Your Job Back After Military Service
Under USERRA, if you leave your civilian job to perform military service, you have the right to be reemployed when your service ends—with the same status, pay, and seniority you would have earned if you had never left.
To qualify for reemployment, you must meet these requirements:
- You notified your employer in advance (verbally or in writing) about your military service.
- Your cumulative military service with that employer does not exceed five years.
- You return to work or apply for reemployment in a timely manner after service ends.
- You were discharged under honorable conditions.
If you meet these conditions, your employer is legally obligated to restore you to the same position or a comparable one—not just any open job.
Key term: This is known as the “escalator position,” meaning your career should continue on the path it would have followed had you not been away for military service.
Protection From Discrimination and Retaliation
USERRA also prohibits employment discrimination based on military service, past or future.
That means your employer cannot deny you a job, promotion, or any benefit of employment based on your:
- Current military status
- Prior military service
- Future obligations (such as upcoming National Guard or Reserve duty)
- Application or potential application for military service
The law also protects coworkers or supervisors who support your USERRA rights from retaliation.
Employers must treat military service with the same respect and legal protection as any other protected status, like race, age, or disability.
Continuing or Restoring Your Health Insurance
If you’re called to active duty, USERRA gives you the right to:
- Continue your employer-sponsored health insurance for up to 24 months during your military service.
- Reenroll in your employer’s health plan when you return to work—without waiting periods, exclusions, or proof of insurability.
Even if you decline continuation coverage while serving, you have the right to resume health coverage when you return—as if you had never left.
Note: This doesn’t apply to service-related medical conditions, which are handled through the VA or military health care systems.
What To Do If Your USERRA Rights Are Violated
If your employer violates your rights under USERRA, you have multiple ways to take action:
File a Complaint with the Department of Labor (DOL)
The Veterans’ Employment and Training Service (VETS) enforces USERRA and can investigate your claim. You can:
- Call 1-866-4-USA-DOL or
- Visit www.dol.gov/agencies/vets to file online.
VETS will attempt to resolve the issue and, if needed, refer your case to the Department of Justice (DOJ) or Office of Special Counsel (OSC).
File a Lawsuit
You can skip the administrative process and go straight to federal court if you choose. Many service members opt to work with a private attorney to move quickly and protect their rights.
Use the USERRA Advisor Tool
Get tailored guidance through the USERRA Advisor, a free interactive tool from the Department of Labor.
Why USERRA Matters
Transitioning from military to civilian life can be challenging enough without worrying about job loss, missed promotions, or denied benefits.
USERRA exists to ensure that your service to the country doesn’t come at the expense of your career. It gives you the right to return to work, protects your healthcare, and shields you from retaliation.
Despite the law’s requirements, many employers are unfamiliar with their obligations—or fail to communicate them to employees. Understanding your rights under USERRA is the first step to ensuring they’re honored.
What This Means for Service Members and Veterans
Whether you’re preparing for deployment, returning from active duty, or transitioning into the civilian workforce, it’s important to know your rights and be proactive.
Here’s what you should take away:
- Don’t assume your employer knows the law—you may need to advocate for yourself.
- Document your communications about leave and reemployment.
- Act quickly if you suspect your rights are being violated—delays can complicate your case.
- Consult legal counsel if you face obstacles during reemployment or experience discrimination.
You’ve already made a commitment to protect others. Now it’s time to ensure your own legal protections are in place.
We’re Here to Stand With You
At The Spiggle Law Firm, we believe that those who serve deserve more than thanks—they deserve protection, fairness, and full access to the workplace rights they’ve earned.
If your employer has denied your reemployment, failed to reinstate your benefits, or treated you unfairly because of your service, we can help. Our attorneys regularly represent military veterans, reservists, and federal employees in USERRA claims and related workplace disputes.
Contact us today for a confidential consultation. We’ll explain your rights, evaluate your situation, and help you move forward—with your job, your benefits, and your dignity intact.
