Recent data from the U.S. Bureau of Labor Statistics show a sharp increase in military and civil service leave, with more than 90,000 instances of employees missing at least one week of work in the first eight months of 2025. That is nearly double last year’s figures and marks the highest rate of such leave since 2006. The uptick is largely driven by expanded deployments of National Guard personnel to cities like Washington, D.C., Los Angeles, and beyond.
Because of these trends, more employers will need to ensure compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA), a federal statute that imposes strict obligations on employers whenever employees serve in the uniformed services.
Key Obligations for Employers
- No discrimination or retaliation: Employers may not deny employment, reemployment, promotions, or benefits because an employee serves in the military.
- Leave protections and benefits continuity: Covered employees may take up to five years of military leave over their lifetime. During that time, employers must maintain their seniority, pension, and health care benefits as if the leave did not disrupt service.
- Reemployment rights: Returning service members generally are entitled to return to the job they would have held had they not served (the “escalator” principle).
- Notice and timing requirements: Employees should provide advance notice of military service, when feasible. Upon return, they must request reemployment within specified windows (e.g. next workday for brief service, up to 90 days for longer).
- Health benefits and accommodations: Employees can continue employer health coverage (up to 24 months) during service, and must be reinstated to their health plans upon return, without waiting periods or exclusions for service-related conditions.
- Restrictions on termination after return: After reemployment, returning staff cannot be terminated without cause for a period (e.g. 180 days if service was under 180 days; one year if longer).
What You Should Do Now
- Review your policies: Make sure your leave-of-absence and reemployment policies reflect USERRA’s requirements.
- Train HR and managers: Provide guidance on how to respond to military leave requests, reemployment demands, and benefit continuity.
- Document carefully: Maintain records of leave requests, notices, reemployment requests, and decisions.
- Evaluate cases for hardship exceptions cautiously: USERRA allows limited defenses (e.g. undue hardship), but courts construe them narrowly.
- Consult legal counsel: Especially since violations can carry serious liability: double damages, attorneys’ fees, and statutory penalties for knowing noncompliance.
Need help reviewing your USERRA compliance or leave policies? Contact us today at [email protected].