Who qualifies for reemployment under USERRA?

Quick answer
Employers must reemploy a returning service member if the employee meets five criteria: they were absent from a civilian job for uniformed service, gave advance notice of their leave (unless notice was precluded by military necessity or was impossible/unreasonable), their cumulative service with that employer didn't exceed five years, they weren't released under dishonorable or other punitive conditions, and they reported back or applied for reemployment in a timely manner.

Who this applies to / Prerequisites

• Employees returning to a civilian job after a period of uniformed service.

Key facts

1. The employee must have been absent from a civilian job on account of service in the uniformed services.
2. The employee must have given advance notice to the employer of their departure for uniformed service, unless notice was precluded by military necessity or was otherwise impossible or unreasonable.
3. The cumulative period of military service with that employer must not have exceeded five years, though exceptions apply — see Limits and exceptions below.
4. The employee must not have been released from service under dishonorable or other punitive conditions.
5. The employee must have reported back to the civilian job or submitted a timely application for reemployment in a timely manner, unless doing so was impossible or unreasonable.

What if it doesn't work

• I'm not sure if my situation meets these criteria: Contact your Leave Success Manager at Tilt for guidance.

Limits and exceptions

• The five-year cumulative service limit has exceptions for call-ups during emergencies, reserve drills, and annually scheduled active duty for training.
• An employee is also permitted to complete an initial period of active duty that exceeds five years.

Related questions

• What is USERRA and who does it protect?
• How does USERRA protect employees who return from military service?
• What are the time limits for returning to work after military leave?