Short answer: For service of fewer than 31 days, no more than the regular employee share. For service of 31 days or more, no more than 102% of the full premium (employer plus employee share, plus 2% for administration).
USERRA sets a cap that depends on the length of service:
- Fewer than 31 days (a drill weekend or a two-week annual training): the employee cannot be required to pay more than the regular employee share, if any.
- 31 days or more: the employee may be charged up to 102% of the full premium, meaning the employer’s share plus the employee’s share, plus 2% for administrative costs.
These are maximums. An employer may choose to keep paying its share during a longer deployment; that is a policy decision and should be written down and applied consistently.
USERRA does not dictate how payments are made; the plan administrator may set reasonable payment procedures consistent with the plan.