Federal Law

USERRA

Uniformed Services Employment and Reemployment Rights Act

38 U.S.C. §§ 4301-4335

Employer Size

1+

Filing Deadline

— days

Extended Deadline

— days

Filing Agency

U.S. Department of Labor, Veterans' Employment and Training Service

Overview

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the civilian employment rights of military service members, including those serving in the Reserves and National Guard. USERRA guarantees that returning service members are reemployed in the position they would have attained had they not been absent for military service, with the same seniority, status, and pay. The statute also prohibits discrimination and retaliation against any person because of their past, present, or future military obligations. USERRA applies to virtually all employers regardless of size, and uniquely has no strict statute of limitations for filing claims.

Key Provisions

  • Guarantees reemployment rights for service members returning from military duty (escalator principle)
  • Prohibits discrimination in hiring, promotion, and retention based on military service obligations
  • Protects from retaliation for exercising USERRA rights
  • Returning service members are entitled to the seniority, status, and pay they would have received but for military absence
  • Provides continuation of health insurance coverage during military leave for up to 24 months

Available Remedies

Reemployment in the position the person would have attained (escalator principle)Back pay and lost wagesLost benefitsLiquidated damages equal to back pay (for willful violations)Attorney fees (for cases referred to or filed in court)

Filing Information

Deadline

No strict statute of limitations; complaints may be filed with DOL VETS at any time

Agency

U.S. Department of Labor, Veterans' Employment and Training Service (VETS)

Eligibility Notes

  • •No statute of limitations for filing
  • •Applies to virtually all employers regardless of size
  • •Covers all military service members, including Reserves and National Guard
  • •Cumulative military service while employed must generally not exceed 5 years
  • •Employee must report back to work or apply for reemployment in a timely manner based on length of service

Covers These Situations

discriminationretaliationwrongful terminationdenial of reemployment

Protected Characteristics

military servicemilitary status

Think USERRA applies to your situation?

Take our free Rights Check to see which federal and state laws may protect you.

Check My Rights

This information is provided for educational purposes only and does not constitute legal advice. Laws and regulations are subject to change. Consult a qualified employment attorney for advice about your specific situation. Last reviewed: February 2025.