Veterans have legal protections that apply when you're hired, while employed, and if you're laid off
Federal law gives veterans specific rights in the workplace that differ from what other workers receive. These protections cover hiring decisions, time off for military service, protection from retaliation, and benefits continuation. The main laws are the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Veterans' Employment Opportunities Act (VEOA), and the Americans with Disabilities Act (ADA) as it applies to service-connected disabilities.
The protections exist because military service creates gaps in civilian work history and can result in service-connected injuries or conditions. Employers are required to know these rules, but many don't follow them correctly. Understanding what you're may have access to to means you can recognize when a violation occurs and know where to report it.
Key Takeaways
- USERRA requires employers to rehire you in the same or a similar job after military service, with the same seniority and benefits you would have earned if you'd stayed.
- Veterans can't be fired or demoted because of military service obligations, and employers can't retaliate against you for reporting a violation.
- The Veterans' Employment Opportunities Act requires federal contractors to give veterans preference in hiring for certain positions.
- Service-connected disabilities are protected under the ADA, meaning employers must provide reasonable accommodations unless doing so creates undue hardship.
- The Department of Labor's Veterans' Employment and Training Service (VETS) investigates violations and can order employers to restore your job or pay back wages.
USERRA: Your right to return to your job after military service
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is the main federal law protecting veterans' jobs. It applies to employers with at least one employee and covers all types of military service — active duty, reserve, National Guard, and temporary duty orders. If you left a civilian job to serve, USERRA requires your employer to rehire you in the same position or a comparable one.
"Comparable" means the job must have the same seniority, status, and pay. You're also may have access to to the raises, promotions, and benefits you would have received if you'd never left. The employer can't require you to start over as a new hire or place you in a lower-paying role because of the service gap. If your old job no longer exists, the employer must place you in the nearest equivalent position available.
You have up to five years from the end of your service to return to your job, though some extensions exist for certain circumstances. You must notify your employer that you're returning and provide documentation of your service dates. The employer then has a set time to restore you — usually within two weeks, though this varies by how long you served.
Protection from firing and retaliation for military obligations
An employer cannot fire you, demote you, or reduce your pay because of military service obligations or because you took time off for service. This applies whether the service was planned (like annual training) or sudden (like an emergency call-up). The protection covers the entire period you're absent for military duty, not just the first few days.
Employers also cannot retaliate against you for reporting a violation of your rights. If you file a complaint with the Department of Labor or refuse an illegal order from your employer, you're protected from being fired, passed over for promotion, or having your hours cut. Retaliation is a separate violation and can result in additional damages.
The law also protects you from being forced to use vacation time or personal days to cover military service. Some employers try to require this; it's illegal. Your employer must treat military service time separately from your regular paid time off.
Veterans' preference in federal hiring and contractor positions
The Veterans' Employment Opportunities Act (VEOA) requires federal agencies and federal contractors to give veterans preference in hiring for certain positions. This doesn't mean veterans automatically get the job, but rather that your application receives priority consideration if you meet the basic qualifications. The preference applies to disabled veterans, veterans who served on active duty, and certain other categories.
Federal contractors — companies that do business with the government — must also follow affirmative action rules for veterans. They're required to recruit veterans actively and set hiring goals. Some contractors are required to list job openings with your state's veterans' employment service before posting them elsewhere.
Veterans' preference does not apply to private employers unless they have a federal contract. It also doesn't override other legal requirements — for example, an employer can still require specific licenses or certifications. The preference is a tiebreaker when candidates are otherwise equally may have access to.
Reasonable accommodations for service-connected disabilities
If you have a service-connected disability, the Americans with Disabilities Act (ADA) requires your employer to provide reasonable accommodations so you can perform your job. This might include modified work schedules, assistive equipment, accessible facilities, or adjusted job duties. The accommodation must be effective — it's not enough for the employer to offer something that doesn't actually help you do the work.
Your employer can't deny you a job, promotion, or raise because of a disability. They also can't require you to disclose your disability unless it's relevant to the job. If you do disclose it, the employer must keep that information confidential and can't use it against you.
The employer can refuse an accommodation only if it creates "undue hardship" — meaning significant difficulty or expense relative to the size and resources of the company. A large corporation can't claim undue hardship as easily as a small business can. If your employer denies an accommodation, they must explain why and discuss alternatives with you.
Health insurance and benefits continuation during and after service
If you're called to active duty, your employer must allow you to continue your health insurance under COBRA or the employer's group plan for up to 24 months. You pay the premium yourself, but the coverage continues. When you return from service, your health insurance must be restored immediately without any waiting period or exclusion for pre-existing conditions.
Pension and retirement benefits also continue to accrue during military service under USERRA. If your employer has a 401(k), pension plan, or other retirement benefit, your service time counts toward vesting and benefit calculations as if you'd been working. This is separate from any military retirement pay you receive.
Life insurance, disability insurance, and other benefits follow similar rules. Your employer can't cancel or reduce these benefits because you're on military leave. When you return, you're restored to the same coverage level you had before you left.
How to report a violation and where to file a complaint
If you believe your employer has violated your rights under USERRA or VEOA, the first step is to contact the Department of Labor's Veterans' Employment and Training Service (VETS). You can file a complaint online through the VETS website or by calling your regional office. VETS investigates complaints at no cost to you and doesn't require you to hire a lawyer.
You have three years from the date of the violation to file a complaint with VETS. The investigation is confidential, and VETS will contact your employer to gather information. If VETS finds a violation, they can order the employer to restore your job, pay back wages, provide benefits you missed, and cover other damages. If the employer refuses, VETS can refer the case to the Department of Justice for legal action.
You can also file a private lawsuit in federal court, but filing with VETS first is usually faster and doesn't require legal representation. Some states also have their own veterans' employment laws that may provide additional protections. Your state's veterans' affairs office can tell you what's available in your state.
Frequently Asked Questions
What if my employer says my job was eliminated while I was on military leave?
If your job was eliminated, your employer must place you in a comparable position if one exists. If no comparable job is available, they must place you in the closest available position with similar pay and status. The employer must prove the elimination was genuine and not a way to avoid rehiring you. If you believe the job was eliminated specifically to avoid your return, you can file a complaint with VETS.
Do I have to tell my employer about my service-connected disability?
You don't have to disclose a disability unless it affects your ability to do the job or you need an accommodation. If you do disclose it, your employer must keep the information confidential and can't use it to make hiring or firing decisions. Many veterans wait until they need an accommodation to disclose, which is legally acceptable.
Can my employer require me to use vacation time for military service?
No. Military service time is separate from vacation, sick leave, and personal days. Your employer must treat it as unpaid leave or paid leave depending on your company policy, but they can't force you to use your accrued time to cover the absence. Some employers offer paid military leave as a benefit, but it's not required by law.
What happens if I'm fired after filing a complaint with VETS?
That's retaliation, which is illegal under USERRA. You're protected from being fired, demoted, or having your hours cut because you reported a violation. If your employer retaliates, you can file an additional complaint with VETS, and the damages can include back pay, reinstatement, and compensation for emotional distress.
Do these protections apply to National Guard and Reserve service?
Yes. USERRA covers active duty, reserve duty, National Guard service, and temporary duty orders. It also covers service in the military, Navy, Air Force, Marine Corps, Coast Guard, and Space Force. The length of service doesn't matter — even a few weeks of active duty is protected.