Given the recent U.S. military engagement in the Middle East, a number of U.S. reservists may be called up for active duty. There are certain steps employers can take now to comply with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and prepare for potential impacts, especially in industries that tend to have large numbers of service members.

• USERRA requires employers to provide military leave to service members without discrimination or retaliation.
• It is unlawful for private employers to discharge employees within a certain period after returning from military leave.
• Private employers may expect some service members to take military leave this year due to the conflict with Iran.

Employment Protections for Military Leave

Under USERRA, employers are prohibited from discriminating or retaliating against service members for taking military leave. Service members can take a cumulative total of five years of military leave, with certain service types being exempt from this time limit. The United States has about 760,000 reservists and about 450,000 National Guard members.

USERRA is especially nuanced and frequently misunderstood. It covers members of the Army, Navy, Air Force, Marines, Coast Guard, National Guard, Reserves, and Commissioned Corps of the Public Health Service. It requires no advance documentation verifying military service. It protects from discharge for returning service members for up to one year after military leave greater than...

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