Military leave under USERRA (Uniformed Services Employment and Reemployment Rights Act) comes with some of the strongest employment protections in US law. Your employer cannot deny your leave, retaliate against you for serving, or refuse to reinstate you when you return. The key is providing proper notice and meeting the reemployment application deadlines.

Key Takeaways

  • USERRA protects US military service members’ right to civilian employment before, during, and after military service.
  • The 5-year cumulative service limit — you are entitled to up to 5 years of cumulative military leave per employer, with some exceptions (annual training, drills, involuntary service).
  • You must give advance notice — written or verbal — unless military necessity prevents it.
  • Reemployment rights — you must apply for reemployment within the time limits based on your service length (from 1 day to 90 days).
  • Employers cannot retaliate against you for military service, and you cannot be required to use annual leave for military duty.
  • USERRA applies to all employers regardless of size — no 50-employee threshold.

Template 1: Military Leave Notification (Employee to Employer)

Use this when you receive orders for active duty, training, or annual drill.

[Your Name]
[Your Address]
[Date]

[Manager's Name]
[Company Name]
[Company Address]

Subject: Military Service Notification Under USERRA — [Your Name]

Dear [Manager's Name],

I am writing to notify you that I will be performing [active duty / annual training / drill / involuntary service] in the uniformed services from [Start Date] to [End Date].

I have attached a copy of my orders for your records. I am providing this notice as soon as reasonably possible under the circumstances.

I understand my rights under USERRA and I intend to seek reemployment following the completion of my service. I will provide advance notice of my intent to return.

During my absence, I recommend that [Name] be designated to cover [key responsibilities]. I am available to assist with the transition before my service begins if needed.

Please let me know if you require any additional documentation or if there are any matters that need to be addressed before I leave.

Sincerely,

[Your Full Name]

Enclosure: [Job title or description] military orders — [Order Number or Date]

Template 2: Short Notice Military Deployment

When you have less notice for deployment and need to notify your employer quickly.

Subject: Military Deployment — [Your Name]

Hi [Manager],

I've received deployment orders and will be departing for military service on [Date]. I expect to be on active duty until approximately [End Date].

I've attached my orders. I will seek reemployment upon my return as protected by USERRA.

I've briefed [Colleague] on current priorities. Please let me know if there are any urgent items to address before I leave.

Thanks,
[Your Name]

Template 3: Employer’s Military Leave Response Letter

For employers to acknowledge receipt of military leave notification and confirm compliance.

[Company Name]
[Company Address]
[Date]

[Employee Name]
[Employee Address]

Subject: Acknowledgment of Military Service Notification

Dear [Employee Name],

We acknowledge receipt of your military service notification dated [Date] for service from [Start Date] to [End Date].

We confirm that you will be granted military leave of absence in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Your leave will be unpaid unless your accrued benefits provide otherwise.

Your group health insurance coverage will continue for up to 24 months under USERRA. If you wish to continue coverage, you may be required to pay up to 102% of the premium cost.

We will hold your position [or a comparable position] for your return, subject to the conditions of USERRA.

Please contact [Name] at [Phone/Email] if you have any questions while you are serving.

Sincerely,

[Manager's Name]
[Company Name]

Template 4: Request for Reemployment (Employee Returning from Service)

Use this within the required time limits after your service ends.

[Your Name]
[Your Address]
[Date]

[Manager's Name]
[Company Name]
[Company Address]

Subject: Reemployment Request After Military Service — [Your Name]

Dear [Manager's Name],

I recently completed my military service on [End Date] and am writing to request reemployment under USERRA.

My cumulative military leave with [Company Name] totals [X] years, which is within the 5-year limit.

I am available to return to work on [Date and Time]. Please let me know if you need any documentation from my service to process my reemployment.

I look forward to resuming my position.

Sincerely,

[Your Full Name]

USERRA Time Limits for Reemployment Application

Length of Service Deadline to Apply for Reemployment
1–30 days Next regularly scheduled workday after 8 hours of rest
31–180 days Within 14 days of completion
181+ days Within 90 days of completion

Types of Military Service Covered by USERRA

  • Active duty (including voluntary)
  • Active duty for training
  • Inactive duty training (drills, reserve training)
  • National Guard service (federal or state)
  • Required physical or fitness exams
  • Funeral honours duty
  • Involuntary service

USERRA Employer Obligations

Obligation Details
Leave of absence No limit on the number of leaves — cumulative service must not exceed 5 years
Health insurance Must continue coverage for up to 24 months. Employee can be charged up to 102% of premium
Pension Employer contributions must resume as if employee had been continuously employed
Reemployment Prompt reemployment in the same or comparable position based on length of service
No discrimination Cannot deny employment, reemployment, or benefits because of military service
Retaliation Cannot retaliate against employees who enforce their USERRA rights

Frequently Asked Questions

What if my employer refuses to reinstate me after military service?

USERRA is enforced by the US Department of Labor’s Veterans’ Employment and Training Service (VETS). File a complaint with VETS or contact a private attorney who specialises in USERRA claims. You do not need to exhaust internal procedures before filing.

Does USERRA apply to part-time employees?

Yes. USERRA applies to all employees regardless of their employment status — part-time, full-time, temporary, or probationary. The only requirement is that the position was not temporary for a brief, non-recurrent period.

Can I use my employer’s paid leave during military service?

USERRA does not require your employer to pay you during military leave. However, some employers offer paid military leave as a benefit. You cannot be required to use your annual leave for military service, but you can choose to use it.

What benefits continue during military leave?

Your health insurance must be continued for up to 24 months (you pay up to 102% of the premium). Your 401(k) contributions must be made up when you return, and the employer must contribute matching funds as if you had been continuously employed.

What if my military service is longer than 5 years?

USERRA’s 5-year cumulative limit has significant exceptions. Annual training, drills, involuntary service, and certain active-duty calls (e.g., during a national emergency) do not count toward the 5-year limit. Consult with a legal professional before assuming your rights are exhausted.

Track Military Leave and Reemployment Rights

Leave Balance helps employers track USERRA-covered leave absences, monitor the 5-year cumulative limit, and maintain records of reemployment obligations — so your service members and your business stay protected.

You can take advantage of the free 14 days trial and explore Leave Balance.