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Military leave — Virginia

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that gives job protection and other rights to employees who serve in the uniformed services. USERRA prohibits private employers from discriminating or retaliating against employees based on their uniformed service and ensures that those employees receive certain benefits and reemployment rights, as well as limited protection from termination, upon return from military leave.

Protections from discrimination

Any person who is a member of the “uniformed services” of the United States (or who applies to be a member of the uniformed services) is entitled to protection from discrimination or retaliation under USERRA. In addition, persons who are absent from their regular employment due to “service in the uniformed services” are entitled to certain reemployment rights and benefits.

The term “uniformed services” broadly includes:

  • all branches of the U.S. Armed Forces (including both the active and reserve components of the Army, Navy, Air Force, Marine Corps and Coast Guard)
  • the Army National Guard and Air National Guard, when members are engaged in active duty training, inactive duty training (such as weekend drills) or full-time duty
  • the...


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