Legal Protections

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects your civilian job when you leave for military service. It applies to all employers regardless of size — federal, state, local, and private.

Key Protections

• Reemployment rights: Your employer must return you to the job you would have had if you had not left — the "escalator" principle. Same seniority, status, pay, and benefits as if you had never been gone.
• Anti-discrimination: Cannot be denied employment, reemployment, promotion, or any benefit because of military service or military obligation
• Training/requalification: Employer must make reasonable efforts to retrain or requalify you for your position
• If you cannot requalify: Employer must place you in the nearest equivalent position with the same seniority, status, and pay
• Health insurance continuation: You can continue employer health coverage for up to 24 months while on military duty (you may have to pay up to 102% of the premium)
• Pension protection: Military leave counts as continuous employment for pension vesting and benefit accrual

Deadlines to Return to Work

What Employers Cannot Do

• Fire you or deny you a promotion because of current, past, or future military obligations
• Refuse to hire you because you might be called up
• Retaliate against you for exercising your USERRA rights
• Require you to use vacation or PTO for military service (though you may choose to)

The Servicemembers Civil Relief Act (SCRA) provides financial and legal protections for active-duty military members. Some protections extend beyond active duty.

Interest Rate Cap (6%)

Financial obligations incurred before military service are capped at 6% interest during active duty. This includes:

• Mortgages (cap extends for 1 year after military service ends)
• Car loans
• Credit card debt
• Student loans

To activate: Send your lender a written request with a copy of your military orders. The lender must reduce interest within 30 days. Any interest above 6% is permanently forgiven, not deferred.

Lease Termination

You can terminate a residential or vehicle lease without penalty after receiving:

• PCS orders (Permanent Change of Station)
• Deployment orders for 90 or more days
• Separation or retirement orders

Provide written notice and a copy of your military orders. The lease terminates 30 days after the next rent due date. The landlord cannot charge early termination fees.

Foreclosure Protection

A lender cannot foreclose on a servicemember's property without a court order during active duty and for a period after service. This applies even if you fall behind on payments due to a deployment.

Eviction Protection

A landlord cannot evict a servicemember or their dependents from rental housing during active duty without a court order (if rent is below a threshold amount, adjusted annually).

Court Protections

• Default judgment protection: Courts cannot enter default judgments against active-duty servicemembers without first appointing an attorney to represent their interests
• Civil proceedings stay: You can request postponement of civil court proceedings during military service if your duty materially affects your ability to participate

If your employer or a lender violates your rights, you have several free options:

SCRA lookup tool: Verify your active-duty status for SCRA claims at scra.dmdc.osd.mil. Lenders are required to use this tool before taking adverse action against a servicemember.