Are all individuals activated for military service eligible for reemployment under the law?
Generally, the individual must meet five conditions, or "eligibility criteria," to be eligible for reemployment under USERRA. The individual:   must have been absent from a civilian job in order to perform military service (unless the employer can show the job was held for a brief, nonrecurrent period with no reasonable expectation of continuing for a significant period.) must have given written or verbal notice to the civilian employer prior to leaving the job for military training or service (except when precluded by military necessity.) must not have exceeded during the employment relationship with the civilian employer the 5-year cumulative limit on periods of service (with the exception of certain periods of service noted below at question 11.) must have been released from service under conditions other than dishonorable. must report back to the civilian job in a timely manner or submit a timely application for reemployment.