Federal USERRA Posting

Your Rights Under USERRA Federal Notice

Help satisfy the federal requirement to provide employees with notice of their rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This 8.5 x 11-inch notice explains important employment and reemployment protections for individuals who leave civilian employment to perform qualifying service in the uniformed services.

USERRA protects eligible service members' civilian employment rights, prohibits certain discrimination and retaliation based on military service or obligations, and provides protections involving reemployment, health coverage, seniority, and pension benefits.

What Is USERRA?

USERRA stands for the Uniformed Services Employment and Reemployment Rights Act. The federal law protects the civilian employment and reemployment rights of individuals who voluntarily or involuntarily leave employment to perform qualifying service in the uniformed services.

USERRA also prohibits covered employers from discriminating against individuals because of past, present, or future military service or obligations.

Who Is Protected by USERRA?

USERRA protections can apply to individuals serving in qualifying components of the uniformed services, including:

• Army
• Navy
• Marine Corps
• Air Force
• Space Force
• Coast Guard
• Army National Guard
• Air National Guard
• Commissioned Corps of the Public Health Service
• Commissioned officer corps of the National Oceanic and Atmospheric Administration
• Certain service in the National Disaster Medical System
• Other categories of service covered by federal law

What Employment Rights Does USERRA Protect?

USERRA provides eligible service members with important employment protections, including:

• Reemployment rights after qualifying military or uniformed service
• Protection against discrimination based on military service or obligations
• Protection against certain retaliation
• Seniority and seniority-based rights upon reemployment
• Pension and retirement-plan protections
• Continuation of certain employer-sponsored health coverage
• Rights involving benefits and employment status during and after qualifying service

What Are USERRA Reemployment Rights?

An eligible employee who leaves a civilian job to perform qualifying uniformed service generally has the right to be reemployed if the employee satisfies applicable USERRA requirements.

Important requirements generally include:

• Providing the employer with advance written or verbal notice of the service, unless an exception applies
• Having no more than five years of cumulative service with that employer, subject to statutory exceptions
• Returning to work or applying for reemployment within the applicable time period
• Receiving an honorable or otherwise qualifying separation from service

How Long Can an Employee Serve and Still Have Reemployment Rights?

USERRA generally establishes a five-year cumulative service limit with a particular employer for purposes of reemployment rights.

However, several categories of military and uniformed service are excluded from the five-year calculation. Employees and employers should evaluate the particular service involved before determining whether the five-year limit has been reached.

When Must a Service Member Return to Work?

The deadline for returning to work or applying for reemployment depends primarily on the length of the employee's period of uniformed service.

USERRA establishes different return-to-work and application deadlines for shorter and longer periods of service and provides additional time in certain circumstances involving service-related injury or illness.

Employees should follow the applicable USERRA deadline for their particular period of service.

What Job Does a Returning Service Member Receive?

USERRA's reemployment protections generally require an eligible returning service member to be restored to the position and employment benefits the individual would have attained if continuously employed, subject to the requirements of the law.

This principle is commonly referred to as the escalator principle. Depending on the circumstances, reemployment may involve the employee's previous position, a position the employee would have attained with continuous employment, or another appropriate position established by USERRA.

USERRA Protection Against Employment Discrimination

USERRA prohibits covered employers from denying initial employment, reemployment, retention in employment, promotion, or any benefit of employment because of an individual's membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services.

These protections can apply to past and present members of the uniformed services as well as individuals who apply or have an obligation to serve.

USERRA Protection Against Retaliation

USERRA also prohibits retaliation against individuals because they take action to enforce USERRA protections, testify or provide information in a USERRA proceeding, assist in an investigation, or exercise rights provided by the law.

Employees should be able to exercise applicable military employment rights without unlawful discrimination or retaliation.

Health Insurance Rights During Military Service

Employees who leave employment for qualifying uniformed service may have the right to continue employer-sponsored health plan coverage for themselves and eligible dependents.

USERRA generally allows an employee to elect continued health coverage for up to 24 months beginning on the date the employee's absence for uniformed service begins, or until the applicable period for returning to work or applying for reemployment expires, whichever occurs first.

Different employee premium rules can apply depending on the length of military service.

Pension and Retirement Benefits Under USERRA

USERRA provides important pension protections for eligible returning service members. For purposes of pension participation, vesting, and accrual of benefits, qualifying military service is generally treated as continuous service with the employer.

Employers and employees must comply with applicable USERRA requirements regarding pension contributions and employee make-up contributions following reemployment.

Does USERRA Apply to Small Employers?

Yes. USERRA generally applies to employers regardless of size. Unlike some federal employment laws that apply only after an employer reaches a specific employee threshold, USERRA does not contain a general minimum number of employees for employer coverage.

Are Employers Required to Provide a USERRA Notice?

Yes. Under 38 U.S.C. § 4334, employers are required to provide persons entitled to USERRA rights and benefits with notice of their rights, benefits, and obligations under the law.

Employers may satisfy the notice requirement by posting the official Your Rights Under USERRA notice where employee notices are customarily displayed.

Federal law also permits employers to provide the full notice through other methods, such as distributing it directly to employees by hand, mail, or electronic mail. Therefore, physical posting is an authorized method of compliance but is not the only method available.

Is There a Required Size for the USERRA Notice?

The U.S. Department of Labor does not establish a specific minimum size for the poster version of the USERRA notice. Employers should ensure that the full required notice is provided and remains legible and accessible to employees.

Who Enforces USERRA?

The U.S. Department of Labor's Veterans' Employment and Training Service (VETS) investigates complaints involving USERRA rights for eligible employees.

Depending on the employee and employer involved, unresolved matters may be referred to the U.S. Department of Justice or the U.S. Office of Special Counsel for appropriate enforcement.

How Can an Employee Get Help With USERRA Rights?

Employees who believe their USERRA rights have been violated can contact the U.S. Department of Labor Veterans' Employment and Training Service for information or assistance and may file a USERRA complaint when appropriate.

Service members and employers can also obtain USERRA information and informal assistance through Employer Support of the Guard and Reserve (ESGR).

USERRA Notice Specifications

• 8.5"W x 11"H
• Portrait orientation
• Printed in full color
• Laminated with high-quality laminate
• Available in English and Spanish
• Federal military employment rights notice

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