All employers, regardless of size, are subject to the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). It protects both employees and job applicants.

USERRA was enacted after the Gulf War to protect individuals who temporarily leave employment, voluntarily or involuntarily, for military service. It does not require that military leave be paid. An employee returning from military service must be reinstated to his or her former position or to the position the employee would have attained had he or she remained constantly employed. It is the responsibility of the employer to train that employee for the higher position, if necessary.

Benefit plans must be treated as if there had been no break in employment. Health benefits must also continue at the same contribution rate for the leave period. An employer must make accommodations for an employee who sustained a disability during military service. USERRA restricts an employer's right to terminate a reinstated employee "at will." It also prohibits discrimination based on service in the military.

The employee also has obligations under this Act, which include returning to work within a specified time frame.

USERRA is administered by the Department of Labor.