From activation to reinstatement: Military leave obligations explained

Amid rising global tensions and domestic emergencies, the federal government is increasingly activating employees in the uniformed services. As a result, employers must navigate a growing surge of employee requests for military leave under the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994, as recently amended by the Civilian Reservist Emergency Workforce (CREW) Act of 2022 and the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act of 2025 (Dole Act).

This article outlines private employer responsibilities under USERRA, highlights recent changes to civilian job protections under the law, and offers practical guidance for employers navigating this issue.

USERRA: The federal framework

USERRA is the primary federal law governing military leave and applies to all public and private employers. The Act protects full-time, part-time, and probationary employees absent because of service in the uniformed services, including the armed forces, National Guard, reserves, and certain disaster response roles. Covered service may include active duty, training, emergency activations, fitness exams, and funeral honors.

USERRA guarantees reemployment with the same status, pay, and benefits the employee would have earned without the absence. It also prohibits discrimination and retaliation based on military service.