Frequently Asked Questions

ESGR's trained Ombudsmen answer thousands of questions every year. Below are some questions frequently asked by employers and service members alike.

To assist with understanding USERRA, ESGR has partnered with the Department of Labor to create a list of frequently asked questions concerning USERRA. These FAQs may help eliminate any problems with your employer by keeping you informed of your rights and responsibilities.

What criteria must the employee meet to be eligible under USERRA for reemployment after military service?

What are the guidelines USERRA provides for the employee to return to work after completion of military service?

What types of military service are covered by USERRA?

Can an employer discriminate based on past or present military service?

What types of discharge or separation from uniformed service will make the employee ineligible for reemployment rights under USERRA?

What position is the employee entitled to upon reemployment?

Does the reemployment position include elements such as seniority, status, and rate of pay?

Can the application of the escalator principle result in adverse consequences when the employee is reemployed?

Does USERRA cover independent contractors?

Is there a limit on the total amount of service in the uniformed services that an employee may perform and still retain reemployment rights with the employer?

Are there any exceptions to USERRA’s five-year service limit?

What is the employee’s status with his or her civilian employer while performing military service?

Which non-seniority rights and benefits is the employee entitled to during a period of service?

What health plan coverage must the employer provide for the employee under USERRA?

In a multi-employer health plan, how is liability allocated for employer contributions and benefits arising under USERRA’s health plan provisions?

How does USERRA protect an employee’s pension benefits?

If the employee is employed with his or her pre-service employer, is the employee’s pension benefit the same as if he or she had remained continuously employed?

Is the employee entitled to any specific reemployment benefits if he or she has a disability that was incurred in, or aggravated during, the period of service?

Does USERRA provide the employee with protection against discharge?

What constitutes cause for discharge under USERRA?

What options are available for conflict resolution issues concerning employment, reemployment, or other rights and benefits under USERRA?

Does USERRA require the employer to use a seniority system?

Does an individual have rights under USERRA even if he or she is an executive, managerial, or professional employee?

Which employees are covered by USERRA?

Does USERRA protect agaist discrimination in initial hiring decisions?

Is an application for reemployment required to be in any particular form?

Is the employee required to submit documentation to the employer in connection with the application for reemployment?

What documents satisfy the requirement that the employee establish eligibility for reemployment after more than thirty days of service?

When is an employee entitled to be reemployed by his or her civilian employer?

What seniority rights does an employee have when reemployed following a period of military service?

Are Federal employees protected by USERRA?

Must the employee give advance notice to his or her employer for a leave of absence due to military service?

Is the employee required to get permission from his or her employer before leaving to perform military service?

Must the employee tell their employer prior to leaving that he or she will seek reemployment upon completion of military service?

How much must the employee pay in order to continue health plan coverage?