Serving in the military is a profound duty, but it often raises important concerns about maintaining your civilian employment. Many military service members wonder:
- Can you be fired from the military?
- Can you be fired while on military leave?
- Can your job fire you if you join the military?
Fortunately, U.S. law — particularly the Uniformed Services Employment and Reemployment Rights Act (USERRA) — provides clear protections for individuals who leave civilian jobs to perform military service.
Understanding your reemployment rights, and how federal protections apply, is essential to securing your future both during and after military service.
If you are someone active duty or looking for same benefits that a non military employee doesn’t have, we can help.
Let’s begin by understanding the USERRA law and why it matters for such cases:
What Is USERRA and Why It Matters: Core Protections
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is the cornerstone of legal protections for service members.
Passed by Congress, USERRA safeguards those performing military duty, ensuring they can return to their civilian job without penalty or employment discrimination.
Whether you are in the armed forces, National Guard, Air Force, Coast Guard, or any branch of the uniformed services, USERRA ensures your job, seniority status, pay, and health insurance coverage remain intact.
The law applies to the federal government, local government employers, and private employers equally.
However, personnel management doesn’t allow firing someone over leave of absence. Especially if the fired party is actively engaged in their responsibilities and wraps everything up properly.
Can You Be Fired for Taking Military Leave?
A leave of absence to perform military service is a protected right under USERRA.
An employer cannot fire you simply because you:
- Take military leave for training service
- Are called up for military deployment
- Participate in drills or active assignments for a significant period
The law ensures that employment discrimination based on military status or intent to perform service is illegal. Employers must provide prompt reemployment upon your return. This is a part of leave laws set by the government and following it is crucial.
Can You Be Fired While on Military Leave?
Although protections are strong, a few narrow exceptions exist.
An employer may terminate a service member if:
- Undue hardship to the business can be proven
- The service member was separated under bad conduct or dishonorable conditions after a court-martial
However, termination during military leave requires a high standard of evidence.
Most service members enjoy continuous rights during their absence, ensuring that their employment and reemployment rights are respected.
Can Your Job Fire You for Joining the Military?
USERRA also protects job applicants and employees who announce plans to perform military service.
Employers cannot:
- Refuse to hire based on anticipated duty
- Demote or terminate based on enlistment plans
- Retaliate for future obligations
If an employer discriminates based on military status, national origin, sexual orientation, or any protected class, immediate court action can be taken to enforce your rights.
Even before officially leaving your job, you are entitled to a reasonable expectation of future employment protection.
What Happens When You Return from Military Service?
Upon returning from service, employees must be promptly reemployed in the same or a similar seniority position.
The escalator principle requires that you be restored to the level — including promotions, raises, and benefits — you would have attained if you had remained continuously employed.
Employers must make reasonable efforts to help returning employees reintegrate, including any necessary re-training to match changes in the civilian role.
How Long Are Your USERRA Protections Valid?
Generally, USERRA protections cover up to a five-year limit of cumulative service with the same pre-service employer.
However, important exceptions exist for:
- Military deployment during national emergencies
- Required training service
- Involuntary service extensions for operational needs
Service performed under these exceptions does not count toward the five-year limit.
Thus, returning service members often retain full rights even after lengthy deployments.
Health Insurance Coverage While on Leave
While on military leave, service members may continue employer-sponsored health insurance coverage for up to 24 months.
Alternatively, they can restore coverage upon reemployment without new waiting periods or exclusions.
Employers must treat military leave like any other medical leave absence, without penalty.
Common Challenges Faced by Service Members
Hidden Forms of Employment Discrimination
Unfortunately, while many employers comply with USERRA, violations still occur.
Common issues include:
- Delayed reemployment far beyond a timely manner
- Assignment to lower-status jobs, breaching the escalator principle
- Denial of accrued benefits like pension plan credits
- Hostile work environments targeting veteran status employees
These tactics can discourage service members from asserting their rights, but federal law provides strong remedies, including award benefits for damages suffered.
Responding to Violations: How to Enforce Your Rights
If an employee believes their rights have been violated, several options are available:
- Use the Interactive Online USERRA Advisor to understand legal standing
- File a complaint with the Department of Labor, Veterans’ Employment and Training Service
- Initiate court action in federal court
In successful cases, courts can award:
- Reinstatement to the original role
- Employee contributions to retirement plans
- Back pay and lost benefits
- Payment of expert witness fees and witness fees
Employers found guilty of USERRA violations face serious financial penalties. However, there are certain protections that you must also learn about before thinking of a lawsuit with an employment lawyer’s help.
Special Protections for Disabled Veterans Accommodations After Service-Connected Injuries
Returning service members with disabilities are entitled to reasonable accommodations under both USERRA and the Americans with Disabilities Act (ADA).
If you can no longer perform your original job, the employer must:
- Place you in a comparable role
- Provide training if necessary
- Maintain your seniority status and pay wherever possible
Accommodating service-connected disabilities reflects a commitment to protecting those who have sacrificed for the nation.
National Guard Members and Additional Rights
National Guard members often face unique employment hurdles because they serve under both federal and state authority. Regardless, USERRA protections apply fully to:
- State-activated National Guard duty
- Federal mobilizations
- Training periods and active deployments
Employers must honor these obligations — just as they would for full-time armed forces members.
Conclusion
The reality is clear:
- Can you be fired from the military? Know your rights — and assert them.
- Can you be fired while on military leave? Almost never, and only under extreme legal justification.
Federal protections ensure that military service members can answer the call to duty without sacrificing their civilian careers, dignity, or economic security.
Understanding your USERRA rights and acting when necessary ensures that your service receives the respect it deserves.
Know Your Rights, Defend Your Future With BLG
If you have faced job loss, demotion, or discrimination tied to your military duty, you deserve justice.
At Bourassa Law Group, we are proud to represent those who serve. Our employment lawyers offer a free consultation to discuss your situation, review your employment and reemployment rights, and pursue your legal claims with strength and dedication.
Contact Bourassa Law Group today — because your service deserves nothing less than full protection under the law.
1-800-870-8910