USERRA Notice

The Uniformed Services Employment and Reemployment Rights Act requires you to inform employees of their rights, most simply by displaying the official "Your Rights Under USERRA" poster and giving remote workers the PDF.

What An employer duty to provide a USERRA rights notice to employees.
Who All employers (public and private) in the U.S. The notice must reach all employees, not only those enrolled in or eligible for benefits.
When Ongoing: post continuously and include in onboarding materials.
Risk Violations can result in court-ordered reinstatement, back pay, restoration of lost benefits, and, for willful violations, liquidated damages up to twice the amount of lost wages and benefits (38 U.S.C. § 4323).
Always
Workplace posting

Continuous, where employee notices are customarily posted.

Hire
Onboarding packet

At or before the start date; include a copy or link, especially for remote workers.

Annual
OE materials (optional)

Not required, but a clean way to reinforce awareness each plan year.

Trigger Due Date / Window Notes
Workplace posting Continuous Place where employee notices are customarily posted.
New-hire / onboarding packet At or before start date Include a copy or link, especially important for remote workers.
Annual OE materials (optional) Each plan year Not required, but a clean way to reinforce awareness.
Trigger: Workplace posting
Window: Continuous
Notes: Place where employee notices are customarily posted.
Trigger: New-hire / onboarding packet
Window: At or before start date
Notes: Include a copy or link, especially important for remote workers.
Trigger: Annual OE materials (optional)
Window: Each plan year
Notes: Not required, but a clean way to reinforce awareness.
  • Official poster: "Your Rights Under USERRA," current DOL version. See the green section below for the direct download link.
  • Employee handbook snippet: A short USERRA summary and a pointer to the full notice.
  • Remote-friendly link: A permanent link to the USERRA notice on your intranet or HR portal.
  • New-hire checklist: A line item confirming the USERRA notice was provided or linked at hire.
1
Post itPrint and post the USERRA notice where you keep other required posters (break room, near time clocks, etc.).
2
Go digital for remote workersAdd the PDF or a link to your HR portal and new-hire email templates.
3
Add to handbookInsert a short USERRA blurb and point to the full notice.
4
Track itNote the posting location, date posted, and any replacements or updates.
  • Method: Post where employee notices are customarily placed (20 CFR 1002.23(b)). You may also distribute the full text by hand, mail, or email. The notice applies to all employees, not only those enrolled in benefits.
  • Remote access: Ensure remote employees can easily view the notice via HR portal link or emailed PDF.
  • Language: Use the official text as-is. Add translations if needed for your workforce.
  • Posting proofA photo or screenshot of the posted notice, with location and date visible.
  • Current versionA copy of the current PDF version, including the DOL revision/publication date.
  • Onboarding checklistConfirming the notice was provided or linked at hire.
  • Mailing proofFor mailed copies to remote employees, retain a Certificate of Mailing (USPS Form 3817) as proof of delivery.

Common traps

Benefits-only mindset: USERRA applies to all employees, not just those enrolled in or eligible for health benefits. Every employee is entitled to the notice.
Outdated poster: The DOL occasionally updates the USERRA poster. Always download from the official DOL site to ensure you have the current version.
Forgetting remote workers: Posting at a physical location isn't enough if employees never visit the office. Add the PDF to your HR portal and include it in new-hire emails.

FAQs

Is a handout required, or does posting suffice?
Posting the official notice satisfies the requirement (20 CFR 1002.23(b)). Distribution by email or handout is also acceptable and is recommended for remote workers.

Does employer size matter?
No. USERRA applies to employers of any size, with no employee-count threshold.

Who enforces USERRA?
DOL/VETS investigates complaints. Employees may also pursue private legal action for reinstatement, back pay, and restoration of benefits.

  • Remote/hybrid workforces: Post physically at your main location and host the PDF on your HR portal. Email it to fully remote employees at hire.
  • Multi-site employers: Post at each location where employee notices are customarily placed.
  • Handbook-only environments: Include the full notice text or a direct link, and note where the physical poster is displayed.

The DOL provides the required notice. Download, print, and post; that's the whole job.

The official "Your Rights Under USERRA" poster is the notice. Download the current version directly from the DOL and post it where you display other required workplace notices.

The poster covers all required content: reemployment rights, health coverage continuation, anti-discrimination and anti-retaliation protections, and how to file a complaint. No customization needed; use it as-is.