Takeaways

• The potential for expanded use of National Guard and Reserve forces makes USERRA compliance for employers critical.
• USERRA’s broad, mandatory protections for employees include military leave and some benefits continuation.
• With strict bans on discrimination or retaliation tied to past, current or future military service, employers’ proactive policy review and manager training are essential.

Article

The recent United States military engagement in the Middle East, as well as significant domestic deployments in multiple large cities in 2025 and 2026, underscores the increasing reliance on National Guard and Reserve forces. Recruitment trends indicate an expanded operational role with nearly 50,000 National Guard enlistees added in 2025. At this time, understanding employers’ compliance obligations under the Uniformed Services Employment and Reemployment Rights Act (USERRA) is more important than ever.

USERRA guarantees the rights of military service members to take a leave of absence from their civilian jobs for active military service and to return to their jobs with accrued seniority and other employment protections.

Strict Prohibition on Discrimination, Retaliation

USERRA prohibits discrimination or retaliation based on:

• Past military service
• Current military obligations
• Potential or future service
• Filing a USERRA complaint or exercising a USERRA right

With increased activations of National Guard and Reserve forces more likely under the current conditions,...

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