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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
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
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
Related Federal Laws
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Check My RightsThis 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: March 2026.