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1.3.1.2 Character & Duration of Service

Feb 19, 2026

  • No. 006 Character and Duration of Service
  • No. 030 Does USERRA Apply to Voluntary Service?
  • No. 042 Progress on Exemptions to the Five-Year Limit
  • No. 190 Active Duty To Mitigate Damages Does Not Count Toward 5-Year Limit
  • No. 201 Have I Exceeded the Five-Year Limit?
  • No. 205 Recent USERRA Victory
  • No. 0642 Veterans’ Reemployment Rights, USERRA, and Time Limits
  • No. 0714 USERRA Still Applies in DoD’s Consecutive Call-up Policy
  • No. 0822 Time Management:  Don’t Confuse the Five-Year Limit with the 90-day Deadline
  • No. 0825 Hard Cases Make Bad Law
  • No. 0838 Right to Reemployment at the End of the Initial Active Obligated Service
  • No. 0854 Legal Assistance for Wounded Warriors—USERRA Component
  • No. 0864 Another New Appellate Case Shows USERRA Has Teeth
  • No. 09011 Layoffs and the Special Protection Period
  • No. 09024 Dot the I’s and Cross the T’s
  • No. 09037 You Must Apply for Reemployment-Part 2
  • No. 09068 The Five Year Limit
  • No. 09069 Only Really Serious Miscreants Lose Their Reemployment Rights for Misconduct During Service
  • No. 10020 Progress on Bill Adding an Additional Exemption from the 5-Year Limit
  • No. 10019 The Cost to Employers: Call-ups of Citizen Warriors have hit small businesses hard, but a larger economic impact is at stake
  • No. 10033 What Is “Noncareer” Service?
  • No. 10043 Does a Merger Reset My Five-Year Clock?  No.
  • No. 10054 Don’t Do Your Reserve Work on Your Employer’s Time
  • No. 10097 Is It Feasible To Expand the Active Component to Relieve the Burden on Employers of Reserve Component Personnel?
  • No. 10098 Paid Military Leave for National Guard Technicians
  • No. 11001 Concessions on All Sides: Employers, as well as Reservists, must bear the brunt of the extended deployments and separation from work.
  • No. 11002 USERRA’s Five-Year Limit Applies to Employer Relationship
  • No. 11009 USERRA Does Not Protect Absence from Work To Attend DEP Meetings
  • No. 11015 No Age Limit on USERRA Protection
  • No. 11019 USERRA and Public Sector Pension Plans
  • No. 11023 The Case of the Misplaced Parentheses: Punctuation can impact USERRA five-year rule.
  • No. 11025 Furloughs and the Five-Year Limit
  • No. 11026 Can We Fire Him for Going over the Five-Year Limit?
  • No. 11028 Erickson v. United States Postal Service – Recent Implications to 38 U.S.C. 4311 & 4312
  • No. 11031 Not Everything You Do for Your Reserve Component Is Protected by USERRA
  • No. 11036 Not Used
  • No. 11045 Back to Work: Timely application for reemployment is essential.
  • No. 11099 Bill Introduced to Expand Exemptions from USERRA’s 5-Year Limit
  • No. 11106 Progress on Exempting Certain National Guard Service From USERRA’s Limit
  • No. 12008 What Happens to My Stock Option Plan When I Get Mobilized?
  • No. 12014 Air Force Progress on Exemptions to USERRA’s Five-Year Limit
  • No. 12019 Computation of Civilian Pension Upon Returning to Work After Service
  • No. 12023 You Must Stay Within the Five-Year Limit to Have the Right to Reemployment
  • No. 12027 One More Exemption From USERRA’s Five-Year Limit
  • No. 12030 DOJ Sues UAL to Enforce USERRA Pension Rights of Air Guard Member
  • No. 12034 Coast Guard Reservist Needs Drill Credit for Medical Appointment
  • No. 12047 Minnesota Passes Legislation on USERRA
  • No. 12050 USERRA Applies to Short and Long Periods of Service
  • No. 12052 Contractual Statute of Limitations Under USERRA
  • No. 12054 Reemployment Rights in Student Job on Campus
  • No. 12059 Meet USERRA Eligibility Criteria in Order to Gain USERRA Pension Credit
  • No. 12073 Minnesota Teacher Called to Active Duty—Was He Required to Finance his own Substitute?
  • No. 12075 Sixth Circuit Holds that Nashville-Davidson County Willfully Violated USERRA and Must Pay Liquidated Damages
  • No. 12094 Who Gets To Decide that a Period of Service Is Exempt from the Five-Year Limit under USERRA?
  • No. 12104 DOJ Expands Investigation of USERRA Violations by NYC
  • No. 13032 A Great American Company Must Reemploy Great American Service Members
  • No. 13034 Does Medical Hold Time Count toward the Individual’s Five Year Limit under USERRA?
  • No. 13037 The Limit on Duration of Service only Includes Service after Starting the Relevant Job
  • No. 13041 USERRA Overrides Agreement You Signed when You Were Hired
  • No. 13043 USERRA and the Collective Bargaining Agreement—What Is the Limit on Duration of my Active Duty?
  • No. 13054 Not All USERRA Plaintiffs Are Successful
  • No. 13058 Time off from Civilian Job for Travel and Rest in Connection with Drill Weekend
  • No. 13061 Right to Health Insurance Reinstatement when Returning to Work after Military Service
  • No. 13067 Notice Before and Documentation After Military Service
  • No. 13073 Enforcing USERRA against a State Government Employer-Good News from Wisconsin
  • No. 13081 DOJ Sues Cook County for Violating USERRA Pension Rights of Army Reserve Nurse
  • No. 13082 Escalator Principle Not Limited to Automatic Promotions—District of Puerto Rico Gets it Wrong
  • No. 13084 DOJ Sues Flight Safety Services Corporation to Enforce USERRA Pension Rights of Two Air Force Reservists
  • No. 13085 Federal Employees Are Protected from the Descending Escalator
  • No. 13092 Time off from Civilian Job for VA Medical Appointments—Good News from Louisiana
  • No. 13096 You Must Track Your Five Year Limit
  • No. 13099 This Is Not your Father’s National Guard
  • No. 13118 Paid Military Leave for Military Retiree Who Returns to Active Duty
  • No. 13131 DOJ Files USERRA Lawsuit against Delaware Employer
  • No. 13138 USERRA Pension Credit for Military Service Beyond Five Years
  • No. 13153 Is it Unlawful for my Civilian Employer to Contact the Commanding Officer of my National Guard Unit?
  • No. 14004 Sergeant Major Erickson’s Saga Continues
  • No. 14005 Abandonment Doctrine Rests on Slender Reed
  • No. 14015 Civilian Pension Credit for Long Period of Military Service
  • No. 14022 Make-Up Contributions to Your Defined Contribution Pension Plan
  • No. 14026 USERRA’s Five-Year Limit—Why is it so Complicated?
  • No. 14032 New USERRA Case from the 8th Circuit
  • No. 14035 Is my Case Governed by VEVRAA or USERRA?
  • No. 14039 Protect Your Rights By Understanding Them
  • No. 14040 Is the Service Member Required to Keep the Employer Informed of Extensions of the Active Duty Period?
  • No. 14042 USERRA Rights of Reservist During Drill Weekend
  • No. 14044 South Carolina Department of Corrections Fails to Reinstate Health Insurance Coverage of Returning National Guard Member
  • No. 15030 You Have the Right to Time off from your Teaching Job for Military Service, under both State and Federal Law
  • No. 15033 Relationship between USERRA and Tennessee Law for Corrections Officers
  • No. 15035 USERRA’s Five-Year Limit and the Initial Period of Obligated Service
  • No. 15046 You Must Apply for Reemployment—Part 5
  • No. 15045 Reemployment Rights with the Successor in Interest
  • No. 15037 Reemployment Rights for Wounded Warriors
  • No. 15050 Reemployment Rights as an ANG Technician
  • No. 15053 USERRA 101 Final Exam
  • No. 15054 You Must Apply for Reemployment—Part 6
  • No. 15056 What Is “Service in the Uniformed Services” for USERRA Purposes?
  • No. 15065 It Is not your Responsibility To Document your Physical and Psychological Readiness To Return to Work
  • No. 15070 What Happens when your Probationary Period Is Interrupted by a Call to the Colors?
  • No. 15071 New Air Force Memorandum on USERRA’s Five-Year Limit
  • No. 15072 Being a Nurse Practitioner, rather than simply a Registered Nurse, Is Part of the “Status” to which You Are Entitled upon Reemployment
  • No. 15075 USERRA Applies to Voluntary as well as Involuntary Military Service
  • No. 15078 State Budget Crisis Does Not Excuse USERRA Violation
  • No. 15081 You Must Leave Active Duty and Apply for Reemployment to Obtain Civilian Pension Credit for your Military Service Time
  • No. 15082 You Must Stay within the Five-Year Limit To Obtain Civilian Pension Credit for Military Service Time
  • No. 15087 Seventh Circuit Reverses Unfavorable District Court USERRA Decision
  • No. 15089 Proposals to Improve USERRA
  • No. 15093 Having a National Guard Member as an Employee Is a Pain, But you Can Handle it.
  • No. 15101 Location Is an Aspect of Status
  • No. 15108 NDAA 2016 Fixes USERRA Glitch
  • No. 16007 You Have the Right to Reemployment and the Employer Must Accommodate your Temporary Disability
  • No. 16029 Dot the Is and Cross the Ts To Obtain Reemployment
  • No. 16035 USERRA Applies to Local Government
  • No. 16043 You Must Keep Track of your own Five Year Limit
  • No. 16050 DOJ Wins USERRA Case
  • No. 16053 Airline Must Comply with USERRA regarding Pensions
  • No. 16063 USERRA Rights of the Wounded Warrior No. 16067 USERRA’s Five-Year Limit Applies to the Employer Relationship
  • No. 16067 USERRA’s Five-Year Limit Applies to the Employer Relationship
  • No. 16072 USERRA and the Career Intermission Program
  • No. 16075 Who Decides that a Period of Service Is Exempt from USERRA’s Five-Year Limit?
  • No. 16096 USERRA Overrides the Collective Bargaining Agreement
  • No. 16097 USERRA Obligations of the Administrator of a Multi-Employer Pension Plan
  • No. 16101 USERRA in the Virginia Supreme Court
  • No. 16105 The Posse Comitatus Act and the Activated Reservist
  • No. 16106 How Does Section 4318 of USERRA Apply to the Regular Military Retiree who Leaves a Federal Civilian Job To Return to Active Duty, Completes a Period of Voluntary Active Duty, Returns to Federal Civilian Employment, and then Retires?
  • No. 16111 USERRA Applies to Individuals Performing Regular Military Service, as well as those who Serve in the Guard or Reserve
  • No. 16112 You Are Not Required To Provide your Employer a Copy of your Orders when you Notify your Employer that you Active Duty Has Been Extended
  • No. 17002 USERRA and the Military Personnel Officer
  • No. 17014 If a Reserve Component Service Member Is Called to or Retained on Active Duty for Medical Treatment, that Period of Active Duty Should Be Exempted from the Computation of the Member’s Five-Year Limit.
  • No. 17014 If a Reserve Component Service Member Is Called to or Retained on Active Duty for Medical Treatment, that Period of Active Duty Should Be Exempted from the Computation of the Member’s Five-Year Limit.
  • No. 17024 Don’t Apply for Reemployment until you Are Ready To Return to Work
  • No. 17027 Don’t Let USERRA’s Five-Year Limit Bite You
  • No. 17035 USERRA Rights of Airline Pilot Injured while on Active Duty
  • No. 17044 USERRA Precludes Employer-Initiated Lawsuits
  • No. 17050 Yes, AFTPs are Protected by USERRA
  • No. 17051 USERRA and the 401(k) Account at your Pre-Service Employer
  • No. 17056 USERRA Does Not Permit a Declaratory Judgment Suit Initiated by the Employer
  • No. 17064 We Must Maintain Employer Support for Reserve Component Members
  • No. 17067 Relationship between USERRA and State Law on Pension Entitlements for Public Employees Who Serve in the Reserve Components
  • No. 17084 An Instructive USERRA Case from the Central District of California
  • No. 17087 The Civilian Employer Does Not Get a Veto
  • No. 17090 Pension Credit for Military Service Time Is Not Limited to Five Years
  • No. 17092 Applying Section 4318 of USERRA to the Situation of a Returning National Guard Member
  • No. 17102 USERRA and the SCRA for the Military Recruiter
  • No. 17103 Helping the Army Reserve Work Out Problems with the Civilian Employers of Army Reserve Soldiers
  • No. 17105 Executive Order Authorizes Air Force To Recall up to 1,000 Retired Aviators to Active Duty—Yes, they Will Have USERRA Rights
  • No. 17110 Yes, USERRA Applies to 12304b Duty
  • No. 17112 Yes, Your Son Can Have the Right to Reemployment after Regular Navy Service
  • No. 17113 Using your Vacation Does Not Mean that the Period of Service Does Not Count toward the Five-year Limit
  • No. 17119 Military Personnel Officers Need to Dot is and Cross Ts with respect to USERRA’s Five-Year Limit
  • No. 17120 The Five-Year Limit Is Based on your Periods of Service, Not Absence from the Civilian Job
  • No. 17121 You Are Entitled to Seniority and Pension Credit for the Entire  Period that you Were away from your Job for Military Service
  • No. 17122 Involuntary Service Does Not Count Toward Exhausting your Five-Year Limit under USERRA
  • No. 17126 You Don’t Need an Honorable Discharge To Have the Right to Reemployment under USERRA
  • No. 18026 Duty under 10 U.S.C. 12301(d) Can Be Exempt from the Five-Year Limit under USERRA
  • No. 18031 I Think that I Am Entitled to Reemployment under State Law although I Will Be beyond USERRA’s Five-Year Limit
  • No. 18039 You Don’t Have To Be a Perfect Soldier To Get your Job Back
  • No. 18040 No Reemployment for Army Deserter
  • No. 18056 Veteran with Entry Level Separation Has the Right to Reemployment
  • No. 18062 USERRA Requires Employers To Post a USERRA Rights Notice
  • No. 18073 Air Force Memorandum on USERRA’s Five-Year Limit Needs To Be Rewritten
  • No. 18076 Army Reservist Prevails in Important USERRA Case
  • No. 18079 Is the Federal Government a Single Employer for Purposes of USERRA’s Five-Year Limit?—I Have Reconsidered.
  • No. 18084 Understand and then Insist upon your USERRA Rights
  • No. 18090 Another Important New USERRA Case
  • No. 18091 USERRA, the Five-Year Limit, and the Documentation Requirement
  • No. 18097 Am I Eligible for the Extra 22 Days of Paid Military Leave as a Federal Civilian Employee?
  • No. 18098 Yes, Reservists Can Be Called up for Domestic Emergencies
  • No. 18099 The Employer Is Required To Treat you as if you Had Been Continuously Employed in the Civilian Job for Civilian Pension Purposes, but only upon Reemployment under USERRA
  • No. 18103 USERRA, the SCRA, and Military Recruiting
  • No. 18104 DOL-VETS Fact Sheet on USERRA Gets the Five-Year Limit Wrong
  • No. 18108 AFTPs in the Army as well as the Air Force and for Enlisted Crew Members as well as Pilot Officers
  • No. 18112 Does my Initial Training in the Army National Guard Count toward my Five-Year Limit?
  • No. 19001 How Much Military Leave Am I Entitled to under USERRA
  • No. 19002 My Civilian Employer Strenuously Objects to my Enlistment
  • No. 19011 USERRA Rights of the Returning Veteran
  • No. 19018 Returning to a Federal Civilian Job while on Terminal Leave
  • No. 19022 New Department of the Air Force Memorandum on USERRA’s Five-Year Limit and the Exemptions from the Limit
  • No. 19031 USERRA Protects Absence from a Civilian Job for Military Medical Examination but not Treatment
  • No. 19032 Don’t Conflate the Five-Year Limit with the 90-day Deadline To Apply for Reemployment
  • No. 19033 USERRA Precludes Employer-Initiated Lawsuits
  • No. 19047 DOJ Sues the Warren County Board of Education again
  • No. 19052 Is she Entitled to Seniority and Pension Credit for the Entire Period of Absence from the Job Necessitated by her Service?
  • No. 19053 They Told me that my Orders Are “USERRA-Exempt.” Does that Mean that I Don’t Get my Job back?
  • No. 19056 USERRA Coverage of National Guard Personnel
  • No. 19059 Reserve Component Service Members Deserve To Receive a DD-214 Regularly
  • No. 19062 New Army Memorandum on USERRA’s 5-Year Limit
  • No. 19070 New Department of the Navy Memo on USERRA’s Five-Year Limit
  • No. 19083 USERRA Is a Floor and not a Ceiling
  • No. 19106 DOD Instruction 1205.12 Is Wrong and Should Be Rewritten
  • No. 19107 Seventh Circuit Reverses the Northern District of Illinois in a USERRA Case
  • No. 20026 Leave Active Duty and Apply for Reemployment and Return to Work To Obtain Civilian Pension Credit for the Period of Service
  • No. 20031 Sergeant Major Erickson’s Long Struggle with the USPS May Be Finally Coming to an End
  • No. 20034 Can my Employer and the Union Agree To Exclude a Period of Uniformed Service from the USERRA Five-Year Limit?
  • No. 20036 If you Are Convalescing from an Injury or Illness Incurred during Uniformed Service, you Can Delay your Application for Reemployment
  • No. 20038 Yes, Coast Guard Reservists Can Be Called to Active Duty Involuntarily for Domestic Emergencies
  • No. 20041 If you Are Being Called to Active Duty, Don’t Forget about USERRA
  • No. 20042 EEOC Flouts USERRA
  • No. 20045 Yes, USERRA Applies to Retired Regular Officers
  • No. 20046 Being Retained on Active Duty under a “Stop Loss” Order Does Not Cause you To Exceed USERRA’s Five-Year Limit And Lose your Right to Reemployment
  • No. 20049 USERRA Forbids Employer Harassment of Reserve Component Personnel
  • No. 20056 You Must Stay within the Five-Year Limit To Get USERRA Pension Credit for your Military Service Time.
  • No. 21008 If DOL-VETS Is Doing Well, you Should Stick with them
  • No. 21051 Leave Active Duty and Apply for Reemployment before you Exceed the Five-Year Limit To Preserve your Pension
  • No. 21052 Don’t Lambaste the Serial Volunteers, But Don’t Give them all the Duty they Want.
  • No. 21055 As a Civilian Employer, the Department of the Navy Must Be Triply the Model Employer.
  • No. 21057 USERRA’s Five-Year Limit for the National Guard Member
  • No. 21080 Your Employer Violated USERRA Willfully, But under Current Law You Are Not Entitled to Monetary Damages. USERRA Needs To Be Amended.
  • No. 22013 Another New Case on USERRA Pension Benefits in a Multi-Employer Pension Plan
  • No. 22015 USERRA Was Recently Amended To Make it Apply to State Active Duty Performed by National Guard Members. How Does that Affect USERRA’s Five-Year Limit?
  • No. 22017 You Were Entitled to Reemployment in 2012 Because you Had Not Exceeded USERRA’s Five-Year Limit
  • No. 22036 Because Joe Smith Met the Five USERRA Conditions for his 2018-21 Active-Duty Period, You Must Give him Civilian Pension Credit for the Entire Period that he Was away from Work for Service.
  • No. 22042 As the Personnel Chief of a Reserve Component, What Do I Need to Know about USERRA? And What Can I Do to Help Reservists Manage their Relationships with their Civilian Employers?
  • No. 22055 An ESGR Briefing Does Not Cover the Details of USERRA.
  • No. 22056 It Is Unlawful for your Pre-Service Employer, a Federal Agency, To Fire you for Exceeding the Five-Year Limit.
  • No. 22071 You Must Give this National Guard Member a Military Leave of Absence for her MUTA-5 Training.
  • No. 22073 What Is “Noncareer” Service? Does USERRA Protect Career Service?
  • No. 22074 Do Not Give your Civilian Employer “Ammunition” in Support of an Argument that you Have “Abandoned” your Civilian Career.
  • No. 23001 USERRA, the SCRA, and Military Recruiting
  • No. 23009 USERRA’s Five-Year Limit Has Nine Exceptions. One Exception Is for Service, beyond Five Years, To Complete the Member’s Initial Active Service Obligation
  • No. 23011 Enforcing USERRA against a Private Employer
  • No. 23022 USERRA’s Five-Year Limit Applies to the Cumulative Period of Uniformed Service that you Have Performed with Respect to the Employer Relationship for which you Seek Reemployment, Not the Cumulative Days of Absence from the Civilian Job.
  • No. 23031 You Must Document that you Have Not Exceeded USERRA’s Five-Year Limit.
  • No. 23035 Yes, You Have the Right to Reemployment with the Successor in Interest to your Pre-Service Employer, but you Don’t Get a Fresh Five-Year Limit. You Can’t Have it Both Ways.

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