Military leave is time away from a civilian job for service in the uniformed services. Under USERRA, the job is protected, and the deadlines for coming back depend on how long the person served.
| Length of service | Return deadline |
|---|---|
| Less than 31 days | The first full regularly scheduled work period on the first full calendar day after service ends, plus 8 hours after time for safe travel home |
| 31 to 180 days | Apply for reemployment within 14 days after service ends |
| More than 180 days | Apply for reemployment within 90 days after service ends |
Missing a deadline does not automatically end rights, but it can affect them under the employer’s normal rules for absences. Keep notes of every contact.
A forklift operator in the Army Reserve tells his supervisor he has orders for 90 days of training starting March 1. Service ends May 29. Because his service is between 31 and 180 days, he has 14 days after it ends, until June 12, to apply to come back.
The company records the leave, keeps his position open and continues his health coverage at his request. He applies on June 3. He is reinstated on June 8, in the position he would have held if his employment had not been interrupted, which includes a pay increase his crew received in April.
The supervisor’s first instinct had been to fill the job permanently and offer him something else on his return. HR stopped that. Under USERRA, the starting point is the job he would have had, not whatever is open.
Most military absences come with notice, which gives time to plan. When an employee shares orders or a training schedule, record the dates, agree how they will keep in touch, and set a reminder for the expected return. For drill weekends that repeat every month, add them to the schedule as approved leave months ahead so nobody builds a schedule around a person who will not be there.
On return, the starting point is the position the person would have held without the absence, including raises, seniority steps and training the team received. Keep a short return checklist: confirm the role and rate, update benefits, plan any refresher training on changed equipment or procedures, and record the reinstatement date.
A supermarket cashier in the National Guard has drill one weekend a month, usually Saturday and Sunday. In the past, the schedule was built first and she had to find her own swaps each month.
The store manager now enters her drill dates for the year as approved leave in January, as soon as she has them. The schedule for those weekends is built without her from the start, and she never has to ask coworkers to cover. Her availability for other weekends is used as normal.
Yes. The definition of employer has no minimum number of employees.
Reemployment rights generally apply if cumulative service does not exceed five years, with several exceptions.
USERRA does not require pay during service. Some employers and some state laws provide pay for part of it.
The employee can elect to continue employer health coverage for up to 24 months, or less in some cases.
Employees are generally expected to give advance notice of service unless military necessity prevents it or giving notice is otherwise impossible or unreasonable. Record the notice when it is given.
Returning employees are generally entitled to the seniority and seniority-based benefits they would have had with continuous employment. Check how your plans and policies apply.
Employees request time off from their phone, managers approve or decline it, and every request keeps a dated record.