How does USERRA protect employees who return from military service?

Quick answer
USERRA requires returning service members to be reemployed in the job they would have attained had they not been absent, with the same seniority, status, pay, and other seniority-based rights and benefits — known as the "escalator principle." It also protects non-seniority rights during service and allows employees to continue employer-based health coverage for up to 24 months while serving.

Who this applies to / Prerequisites

• Employees who qualify for USERRA reemployment (see related article on eligibility criteria).

Key facts

1. Under the escalator principle, returning service members must be reemployed in the position they would have attained had they not been absent, with the same seniority, status, and pay, plus other seniority-based rights and benefits.
2. If the service member cannot qualify for the escalator position, they must be reemployed, if qualified, in the position nearest in approximation to the escalator position, and then to their pre-service position if that's not possible.
3. Employers must make reasonable efforts to help returning service members qualify for reemployment, which can include training or retraining — any effort that isn't an undue hardship on the employer.
4. While performing military service, an employee is deemed to be on furlough or leave of absence and is entitled to the same non-seniority rights as other similarly situated employees on non-military leave.
5. Employees have the right to elect to continue their existing employer-based health plan coverage for themselves and their dependents for up to 24 months while in the military.
6. Even if an employee does not elect to continue health coverage during military service, they have the right to be reinstated in the employer's health plan upon reemployment.

What if it doesn't work

• I don't think I was reemployed in the correct position: Contact your Leave Success Manager at Tilt to discuss your situation.
• I have questions about continuing my health coverage during service: Contact your Leave Success Manager at Tilt.
• If none of these apply, contact your Leave Success Manager.

Limits and exceptions

• Reasonable efforts to help an employee qualify for reemployment do not extend to efforts that would be an undue hardship on the employer.
• Health plan coverage continuation is available for up to 24 months while in the military — beyond that, coverage continuation is not guaranteed under this provision.

Related questions

• Who qualifies for reemployment under USERRA?
• What are the time limits for returning to work after military leave?