1. An employer may not deny leave to an employee who enters military service including training whether the service is voluntary or involuntary.

2. The law does not require that an employee performing military service including training be paid. However, it is not unusual for employers to pay the difference between an employee's military pay and an employee's regular pay for 2 weeks per year to cover National Guard or Reserve training.

3. To obtain reemployment rights, an employee must provide notice to the civilian employer before leaving for military duty. However, it is not necessary that the notice be in writing and it need not be submitted any specific length of time prior to leaving for military duty. The employee must provide "as much notice as reasonable." However, when an employee returns to military service of more than 31 days, an employer can require documentation establishing the length and character of the service.

4. Not including required drills and annual training, an employee maintains USERRA rights for a total of 5 years over the course of the entire employment with a single employer.

5. For the first 30 days of military service, an employer must continue an employee’s health insurance coverage under the same terms as if the employee were actively working. After 30 days, the employee may elect to continue coverage under the employer’s group health plan for up to 24 months, at the employee’s expense. The employer may charge up to 102% of the full premium, consistent with COBRA. In many cases, employees on active duty may also qualify for military-provided health coverage.

7. At the end of military service, an employee must report back to work for the first shift at least 8 hours after returning from military duty of 1-30 days; request reemployment within 14 days after completing military duty of 31-180 days and request reemployment within 90 days after completing military duty of 181 days or more.

8. When an employee returns to civilian work after conclusion of military service, the employee has the benefit of what is commonly referred to as the "escalator principle." Pursuant to the escalator principle, an employee returning from military service re-enters the workforce under the same wages, benefits and working conditions as if the employee had not left the civilian employer for military service. For example, if the job of the returning employee received a dollar per hour wage increase while the employee was in the military, that employee receives the wage in effect when he returns. The "escalator principle" also applies to seniority, vacation accrual, pension vesting and credit for the period of military service for pension benefit computations.

9. If the period of military service was less than 91 days, the employee is generally entitled to reinstatement in the position the employee would have held had employment not been interrupted by military service, or in the position previously held if the escalator position is not reasonable. For periods of service of 91 days or more, the employee must be reinstated to a position of like seniority, status, and pay, subject to the employee’s qualifications and reasonable accommodation obligations under USERRA.

10. Even if a company's employees are employees-at-will, an employee returning from military service is protected against discharge, except for cause, for 180 days following periods of service of 31-180 days and one year for periods of service of 181 days or more.