What are the Military Leave Rights and Requirements?

In late 1994, Congress passed the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA). The purpose of this Act was to provide broader protection to military personnel who take leaves of absence for military service.

To qualify for reemployment rights under USERRA, soldiers must (1) hold a civilian job; (2) give notice to the employer; (3) not exceed a five-year cumulative limit on service; (4) be released under honorable conditions; and (5) report back to the civilian job in a timely manner or make a timely application for reemployment (timely application for reemployment varies depending upon the length of service).

USERRA also requires that civilian employers (on the soldier's request) maintain the absent soldier (and his/her family) on the employer's health insurance plan for up to 18 months. Depending upon the length of service, the soldier may be required to pay up to 102% of the full cost of continuing insurance coverage. USERRA also provides that returning soldiers are entitled to all employer contributions actually made to employee benefit and pension plans during their absence, and to return to health benefit coverage without waiting periods or other exclusions, even if the employee did not request or use the COBRA-type coverage during service. Also note that during military leave, employees must be permitted to use their vacation benefits, but cannot be required to do so.

Under USERRA, the employee is covered whether the leave is voluntary or involuntary; therefore, an employer must consider the implications of USERRA anytime an employee takes a leave of absence associated with military service, including reservist duty and training.

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