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Is there a limit to how much military service an employee can perform and still retain reemployment rights?

Is there a limit to how much military service an employee can perform and still retain reemployment rights?

Yes. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are generally required to support up to 5 years of cumulative military service.

Certain types of service do not count toward the 5‑year limit, including:

  • weekend drills and inactive duty training,
  • annual training,
  • involuntary recall or retention on active duty,
  • service during war or national emergencies, and
  • specific training certified as necessary by the Secretary of the Service.