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What You Need to Know About USERRA

Before this act was implemented, the U.S. had a habit of continuously reworking the acts protecting their service men and women. It first began with the Veterans' Reemployment Rights (VRR) dating pre-World War II. When that was found to be insufficient, the Selective Training and Service Act (STSA) of 1940 was put into place at the very beginning of World War II. However, times and needs changed (as to be expected), and USERRA was enacted in 1994. The Uniformed Services Employment and Reemployment Rights Act gives employers specific responsibilities once National Guard or Reserve units are activated. These USERRA regulations have become especially relevant to employers as COVID-19 has called on the National Guard and Reservists for their service.

Who does USERRA cover?

Once National Guard members and Reservists are demobilized, they have to meet several standards in order to be eligible for reemployment under USERRA. These standards are as follows.

Advance Notice

Unless it's impossible or unreasonable to do so, employees must provide notice to their employers. This can be written or verbal.

Timely Reemployment

Once an employee can go back to work, they must return or apply for reemployment in a timely manner. It's dependent on the time spent in service as to when they're expected to return to work.
​Service Time  ​Reemployment Date 
​1-30 Days ​Next regularly scheduled work period after 8 hours of rest
31-180 Days​​Must submit reemployment within 14 days 
180+ Days ​​Must submit reemployment within 90 days

Service Duration

In order to be eligible for reemployment, employees must have five or fewer years of cumulative military service while with that employer.


If the employee was discharged, it must be honorable in order to be eligible for reemployment.

Reemployment Regulations

The employee should be able to return to the same or similar position with the same seniority, status, pay, and additional benefits obtained prior to service. During their time out of the office, they should be considered furloughed or taking a leave of absence.


USERRA also covers health and pension benefits. If the employee has been in service for more than 30 days, they can continue their group health coverage for up to 24 months, though they may be required to pay up to 102% of the full premium. If the employee has been in service for fewer than 30 days, health coverage should be provided as though they were still employed. USERRA also protects all pension plans. 

We hope we have provided you with information and resources that will help you better understand what is required of you. For more information on COVID-19 as it relates to USERRA, click here. 

Need even more information? Check out this USERRA Pocket Guide!

Stellaris is here to help. Feel free to give us a call or learn more about our services.

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