Military-related absences from the civilian workforce have surged in 2025, reaching their highest levels in nearly two decades. Much of this increase stems from National Guard activations for both federal and state missions. For employers, these absences create not only operational staffing challenges but also trigger legal obligations under the Uniformed Services Employment and Reemployment Rights Act (USERRA) (Note that some states have additional employee military service leave requirements).

USERRA is designed to ensure that employees who serve in the uniformed services can do so without sacrificing their civilian careers. With National Guard deployments increasing, it is more important than ever for businesses to understand and comply with these military leave requirements.

Key USERRA Protections

USERRA is applicable to virtually all U.S. employers, regardless of size. It provides a robust set of leave and reinstatement rights to employees who serve in the military. The law covers active duty, training drills, and National Guard call-ups for emergencies, among other forms of service. Core employee protections include:

• Leave for military service: Employers must grant unpaid leave for service, whether it’s a weekend drill or a months-long deployment. Employees should provide advance notice, when possible, but lack of notice cannot be used to deny leave if service is required.
• Reemployment rights: Returning employees must be reinstated to the same or an equivalent position with the same pay, seniority, and benefits. The “escalator principle” applies—meaning they return as if their employment had never been interrupted.
• Benefits continuation: Employees may elect to continue health insurance coverage for up to 24 months while on leave. Upon return, they must be reinstated immediately to employer health plans without waiting periods or pre-existing condition exclusions.
• Job protection after return: Employees are protected from termination without cause for 180 days following shorter deployments and for up to one year after longer ones.

These employee protections are mandatory, not optional. Employers that fail to comply may face potential administrative investigations, and incur backpay obligations, and other statutory damages.

Practical Implications for Employers

The rise in National Guard deployments means that employers are more likely to see unexpected and sometimes prolonged employee absences. This can create strain, particularly for small businesses or teams with key employees. Employers should be proactive in addressing both USERRA compliance and workforce continuity:

• Review policies: Ensure your employee handbook includes a clear military leave policy consistent with USERRA (and any applicable state employee military leave laws).
• Train managers: Supervisors should understand that discrimination or retaliation based on military service obligations is unlawful.
• Plan coverage: Cross-train staff and prepare contingency plans for temporary absences to keep operations running smoothly.
• Support reintegration: Reintegrate military service members promptly, restore their employee benefits, and provide any refresher training that may be needed.

Taking these steps not only reduces legal risks to your business but also strengthens your workplace culture by showing respect for those who serve.

Closing Thoughts

National Guard and Reserve members are being asked to serve more frequently, and employers must be ready to adapt. By planning ahead, maintaining compliance, and supporting military service members before and after deployments, employers can honor their legal obligations while continuing to maintain a strong workforce culture.

Bean, Kinney & Korman’s employment law practice group regularly advises employers on USERRA and comparable state law compliance issues and workforce management. If you have questions about your obligations or need assistance updating your policies, please contact Doug Taylor at (703) 525-4000 or rdougtaylor@beankinney.com.

This article is for informational purposes only and does not contain or convey legal advice. Consult a lawyer. Any views or opinions expressed herein are those of the author and are not necessarily the views of any client.