Military Leave Overview
Alexa Martin
The United States military reported historically high recruitment numbers in 2025, a trend that has continued into 2026. Given increased military recruitment and current world events, employers should ensure familiarity with the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) and other military leave laws.
USERRA is a federal law that provides reemployment rights and benefits to military service members. USERRA also prohibits employers from discriminating against a person based on their past, current, or future military service, or retaliating against a person for exercising their rights under USERRA. USERRA was enacted to encourage military service, to minimize disruption to the lives of servicemembers and their employers, and to prohibit discrimination against service members. USERRA applies to virtually all employers, regardless of size, and protects service members in the Army, Navy, Marine Corps, Space Force, Air Force, and Coast Guard; the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, and Coast Guard Reserve; the Army National Guard and Air National Guard; the Commissioned Corps of the Public Health Service; and other categories of persons designated by the President during a time of war or national emergency.
A service member is entitled to reemployment rights and benefits under USERRA if: (1) the service member provides advance notice to their employer of their service obligations; (2) the cumulative length of the absence and of all previous absences from a position of employment with that employer for military service does not exceed five years; and (3) with some exceptions, the service member reports to or submits an application for reemployment to such employer. USERRA clarifies that a service member need not provide notice to their employer if such notice is precluded by military necessity or is otherwise impossible or unreasonable.
In addition to USERRA, employers should be aware that state or local laws may establish enforceable rights and benefits greater than those provided under USERRA. If you have questions about how USERRA or other military leave laws may impact you or your company, please contact a Labor & Employment Law attorney at Appel Yost.
The information provided on this blog is for general informational purposes only and does not constitute legal advice.
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