Worried you’ll lose your job or miss out on promotions every time you’re called to serve? You’re not alone—many reservists don’t realize that strong federal laws exist to protect them. Thanks to the Uniformed Services Employment and Reemployment Rights Act (USERRA), your civilian employer can’t strip away your seniority, benefits, or position simply because you serve your country.

But these protections aren’t automatic. According to every seasoned USERRA lawyer, taking the right steps—and taking them early—could be the difference between coming back to a seamless career path or waging a legal battle for your rightful benefits.

Below are the seven must-know tactics that will help you protect your job, benefits, and financial stability—so you can focus on fulfilling your duty without sacrificing your career.

1. Provide Written Notification to Your Employer

USERRA requires you to give your employer notice of military leave, but it doesn’t mandate a written format. Still, written proof is your best defense should any disputes pop up later. Craft a clear, concise email or letter stating your need for military leave under USERRA and relevant state laws.

Example Email Subject: Military Leave Notification
Example Email Body:

Dear [Employer’s Name],

I have been called to serve and will be taking military leave under USERRA. I will keep you updated as more information becomes available. Please let me know if you need any documentation or additional details.

Sincerely,
[Your Name]

Documentation lays the groundwork for any future discussions or disagreements.

2. Clarify Pay Policies Before Deployment

While USERRA does not mandate paid leave during military service, you may have options:

• Comparable Leave: If your employer pays for jury duty or bereavement leave, they must extend the same for military leave.
• Public Employee Perks: Some states offer paid military leave to public employees for a specific duration.
• Differential Pay: Many companies voluntarily cover the gap between your civilian and military pay.

Get clarity on these policies before you leave to avoid unwelcome financial surprises.

3. Take Control of Vacation and Sick Leave

Don’t let anyone force you into using your accrued vacation or sick days. Under USERRA, you can decide whether to use these benefits while on duty. If you need extra income, using some paid leave might help. If you’d rather save that time for later, that’s entirely your choice.

4. Keep Your Health Insurance Options Open

Under USERRA, you can retain your employer-sponsored health insurance for up to 24 months while on active duty, but after 30 days, you may be on the hook for up to 102% of the premium. If that’s too steep:

• Switch to TRICARE: Depending on your orders, you could qualify for TRICARE Prime or TRICARE Reserve Select, both typically more affordable.
• Full Reinstatement: Your employer must restore your original health coverage immediately upon your return—no waiting periods or red tape.

5. Know and Enforce the Escalator Principle

This principle ensures you return to the career “point” you would’ve reached if you had never left. That means back pay, promotions, and seniority-based benefits should mirror your natural career progression. If you suspect your employer might sideline you, consult a USERRA lawyer right away—escalator violations are common but entirely illegal.

6. Follow Your Reemployment Deadlines

USERRA entitles you to reclaim your job after military service, but there are strict timelines:

• Less than 30 days of service: Report to work the following business day (with an eight-hour rest period).
• 31 to 180 days of service: You have 14 days to inform your employer.
• Over 180 days of service: You have up to 90 days to return.

Keep your orders handy because your employer may request documentation.

7. Know Your Options if Your Employer Violates USERRA

Even with clear laws, some employers ignore or misunderstand their obligations:

1. ESGR Mediation: The Employer Support of the Guard and Reserve offers free mediation. However, employers are not required to participate.
2. File a Complaint: Report violations to the Department of Labor’s Veterans’ Employment and Training Service (VETS). Their enforcement is limited, so results can vary.
3. Talk to a USERRA Lawyer: An attorney specializing in military discrimination knows how to protect your rights. 

Equal Justice Solutions has USERRA lawyers experienced in military discrimination. If you’d like to learn more, visit us here. All initial consultations are 100% free, and you’ll speak directly with an attorney who understands the nuances of USERRA.

The Bottom Line

You’ve earned your right to serve your country—without sacrificing your career. By following these key steps and staying informed, you’ll set yourself up for a smooth return to civilian life. When in doubt, reach out to a seasoned USERRA lawyer who can help you navigate any potential disputes and ensure you receive all the benefits you rightfully deserve.

Disclaimer

This article is intended for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Please consult a qualified attorney for personalized guidance.