Your Rights Under USERRA

If you have taken leave in military service to our country, you have rights under the Uniformed Services Employment and Re-Employment Rights Act (USERRA).

On this page:

Right against Discrimination

Under USERRA, you have the right not to be discriminated against because you are in the military reserves. UB will not screen you out or refuse to hire you because you are affiliated with the military. Even if you are in a position that requires you to work weekends, and you will have to request leave for one weekend per month to attend drill, UB cannot refuse to hire you based on your military affiliation.

UB also will not use your military affiliation against you when it comes to promotions. For example, you cannot be denied a promotion because you took an extended military absence or absences to attend military functions.

Under USERRA, UB must grant military leave to you upon request. If you have orders to report for duty, UB will grant you sufficient time off to attend the military function or drill, plus reasonable travel time.  There is no distinction between mobilizations you volunteered for and involuntary mobilizations or duty. Even if you volunteered for an assignment, UB is required to grant you military leave upon request.

Requesting Leave

You may make a leave request to a supervisor, manager, or to Human Resources. The request can be verbal or written.  In order to ensure a seamless transition, please provide as much notice as reasonably possible so that your department can make arrangements for your absence.


You are entitled to keep your health insurance while on extended military leave, and UB will pay the employer's share of the premiums for absences of 31 days or less.  For longer absences, you may be required to pay both your and the employer's share of premiums.

Please contact University Human Resources Benefits Administration to ensure you receive the leave, health and pension/retirement benefits you have earned.


While you are away on military leave, USERRA requires UB to grant you any promotions and seniority benefits your peers receive, or anything you would reasonably expect to have received had you never left.  For any absence less than five years, the law requires employers to allow you return to your job at the same level of seniority, pay, benefits and responsibility you would have achieved had you never left.


USERRA protects you provided you report back to work within a reasonable amount of time after being released from duty. Time limits for returning to work depend on the duration of the orders. The rules are:

  • Service of 1 to 30 days: the beginning of the next regularly scheduled work period on the first full day following completion of service and expiration of an 8-hour rest period following safe transportation home.
  • Service of 31 to 180 days: application for reinstatement must be submitted not later than 14 days after completion of military duty.
  • Service of 181 or more days: application for reinstatement must be submitted not later than 90 days after completion of military duty.
You will be returned to the position with the duties, responsibilities, salary and title you would have obtained had you not left for military service.  UB also must provide job-related training if this is required by your absence from work, and reasonable accommodations if you have a disability, whether or not this is related to your service.

To Report Discrimination

If you believe you have been discriminated against due to your military service or status, you have the option of reporting discrimination to EDI.  Your report will be investigated under UB's Discrimination and Harassment Policy.  

You also can contact the Department of Labor at Department of Labor at 1-866-4USADOL (487-2365).