USERRA Health Plan Rights
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the employment and benefits rights of employees who take leave for military service. USERRA applies to all employers regardless of size — unlike FMLA, there is no 50-employee threshold.
| USERRA Right | Details |
|---|---|
| Health plan continuation | Up to 24 months of continuation coverage during military leave |
| Premium limit | No more than 102% of the full premium (employer + employee share) |
| Short-term leave (≤30 days) | Employee pays only their normal share of the premium |
| Reinstatement | Must be reinstated to prior health plan without waiting periods or exclusions |
| Pre-existing conditions | Cannot impose pre-existing condition exclusions upon return from military leave |
Reinstatement Rights
When an employee returns from military leave, they must be reinstated to the health plan they had before the leave — without any waiting period or pre-existing condition exclusion. This is a stronger protection than COBRA, which does not provide reinstatement rights.
USERRA Compliance
Compliance Note
USERRA violations can result in back pay, lost benefits, and attorney fees. The DOL's Veterans' Employment and Training Service (VETS) enforces USERRA. Employers should review their military leave policies annually to confirm compliance with USERRA's health plan continuation and reinstatement requirements.