USERRA protects the job and coverage of employees in military service.
The Uniformed Services Employment and Reemployment Rights Act protects reemployment rights and benefit continuation for employees who leave work for military service.
The Basics for Employers.
A plain-English summary. This is general information, not legal advice, and the rules change, so check the current text.
Reemployment Rights
Employees who meet the law’s conditions are entitled to return to their job after service, with seniority and benefits as if they had not left.
Health Plan Continuation
Employees can elect to continue employer health coverage for up to 24 months while in service, and may be charged up to 102 percent of the cost for longer absences.
Reinstatement
When the employee returns, coverage is reinstated without a new waiting period in most cases.
How it plays out.
USERRA protects employees who leave for military service and want to return. It covers reemployment rights and continued health coverage, and it applies to employers of every size.
For health coverage, an employee called to service can generally elect to continue coverage for up to 24 months. If service is under 31 days, the employee generally pays only the normal employee share. For longer service, the employee can be charged up to 102 percent of the premium.
When the employee returns, coverage generally has to be reinstated without a new waiting period, with limited exceptions. The plan should be ready to restart coverage quickly.
Where This Shows Up in Your Plan.
COBRA Administration
How continuation coverage is administered.
Employer Benefits Guides: Eligibility, Plan Design, Life Events and Rules
Eligibility, plan design and life-event rules in one place.
When someone is called up.
Log the Dates
Record the start and expected end of service.
Explain Options
Tell the employee how coverage can continue and what it costs.
Coordinate With COBRA
Know how USERRA continuation and COBRA relate.
Plan Reinstatement
Set how coverage restarts on return.
Mistakes to avoid.
Treating It Like COBRA
The rules and the cost differ.
Waiting Period on Return
A new waiting period can be a problem.
Full Premium for Short Service
Charging more than the employee share for service under 31 days is not allowed.
Other Rules Employers Work With.
ERISA
29 U.S.C. Chapter 18
COBRA Continuation Coverage
29 U.S.C. 1161
Medicare Secondary Payer
42 U.S.C. 1395y
Laws and Rules Referenced
USERRA (38 U.S.C. Chapter 43) — The statute text, published by Cornell Law School’s Legal Information Institute.
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