USERRA: Your Job Is Protected After Military Service
Federal law protects your civilian job and seniority. DOL VETS takes USERRA complaints.
What it is
USERRA is the federal law that protects your civilian job when you serve in the military, Guard or Reserve. When you come back, your employer must re-employ you in the position you would have had if you had never left, with the same seniority, status and pay. It also bars an employer from discriminating against you for past, present or future military service.
Who qualifies
Under 38 U.S.C. 4312 you have reemployment rights if you meet three conditions: you gave your employer advance notice (written or verbal) of the service, your total time away for service with that employer has not passed the limit, and you report back or apply on time. The limit is five years in total per employer, but the law excludes certain service from that count, such as required extra service to finish an initial obligation and certain mobilization orders in wartime or national emergencies. Notice can be skipped when military necessity prevents it or it is otherwise impossible or unreasonable.
What you get
- Your job back. For service of 90 days or less, you go back to the position you would have held if your employment had not been interrupted. For service of more than 90 days, that position or one of like seniority, status and pay.
- No discrimination. An employer cannot deny you hiring, reemployment, keeping your job, promotion or any benefit of employment because of your service (38 U.S.C. 4311).
- No payback for using your rights. Retaliation against anyone who files a claim, testifies or takes part in an investigation is also prohibited.
The clock you must watch: when to go back
Your deadline to return or apply depends on how long you served (38 U.S.C. 4312(e)).
- Under 31 days: report by the start of the first full regularly scheduled work period on the first full calendar day after service ends, or as soon as possible if that is impossible through no fault of your own.
- 31 to 180 days: apply for reemployment within 14 days after service ends.
- 181 days or more: apply within 90 days after service ends.
- Hospitalized or recovering from an injury or illness from service: the deadline moves to the end of the time you need to recover, up to two years, and longer only if circumstances beyond your control require it.
USERRA return clock
How to get help, step by step
- Use the DOL USERRA Advisor to see what protections apply to you.
- DOL says you can resolve a USERRA matter informally with your employer.
- Or file a formal complaint with DOL VETS. Use the online claim system through the VETS page linked below, or call 1-866-237-0275.
- DOL can refer cases to the Department of Justice for resolution.
Traps and deadlines
- Do not miss the reapplication deadline above. Reemployment rights depend on it.
- Advance notice to your employer, written or verbal, is required unless military necessity or the circumstances prevent it.
- Filing time limit: the law says there is no limit on the period for filing a USERRA complaint or claim (38 U.S.C. 4327(b)).
- An employer may refuse reemployment in limited cases: circumstances changed so reemployment is impossible or unreasonable, the job was brief with no expectation of continuing, or it would cause undue hardship.
Where to call and where to go
Phone
- DOL VETS main line: 1-866-237-0275
Official pages