How does joining the military affect my current job?

I'm excited about the prospect of joining the military, but I'm worried about what might happen to my current job. Do I have to quit, or is there some kind of job protection in place? Any advice would help!

Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), you are not required to quit your job when you join the military. This law ensures job protection for individuals who voluntarily or involuntarily leave employment positions to undertake military service. For example, if you are called to active duty, or if you choose to enlist in the military, USERRA provides certain reemployment rights, as long as you meet the eligibility criteria.

Some key points about USERRA are:

1. Reemployment Rights: You have the right to be reemployed in your civilian job if you leave to perform service in the military, and you must be returned to your job with the same seniority, status, and pay that you would have obtained had you not been absent for military service.

2. Protection against Discrimination: Your employer cannot discriminate against you in hiring, reemployment, retention, promotion, or any other benefits due to your obligation as a military service member.

3. Health Insurance Protection: If you leave your job to perform military service, you have the right to elect to continue your existing employer-based health plan for you and your dependents, in addition to receiving health coverage in the military.

However, there are a few conditions attached. You must be released from service under honorable conditions, provide your employer with advance written or verbal notice of your service, and you must return to work or apply for reemployment in a timely manner after conclusion of service.

Before joining the military, it would be a good idea to have a candid conversation with your employer about your plans and your rights under USERRA. Always be up front with your employer about your military obligations to maintain a positive relationship. It may be worthwhile to speak with a military legal advisor or a counselor from your Military Service’s Reserve Component to get a complete understanding of your protections and obligations.