Your Rights Under USERRA

USERRA protects your rights when you leave or return to civilian work—provided you meet eligibility criteria, notify your employer you are leaving a job because of military service, and your service lasts no longer than five years. USERRA applies to all employers, regardless of size.

USERRA provisions:

• Entitle you to return to your job after performing military service.



• Protect your participation in an employer’s retirement plan. Your time away from the job on military duty cannot be considered a break in service by your employer’s retirement plan. In fact, military service counts toward calculation of your retirement plan benefits.



• Require your employer to continue to contribute to your 401(k) or pension plan. You are entitled to the same pension benefits you would have accrued had you not been on military leave. In other words, if your employer has a pension fund, he or she must continue to contribute to it while you are on active duty. If you participate in a 401(k) plan, you have up to five years to make up missed contributions—and your employer also must make up any matching contributions.