Short answer: It depends on the length of service: under 31 days, report the next scheduled work period (after 8 hours’ rest following travel home); 31 to 180 days, apply within 14 days; more than 180 days, apply within 90 days. The employer must generally reemploy within two weeks of the application.
- Less than 31 days (or a fitness exam of any length): report at the start of the first full regularly scheduled work period on the first full calendar day after service ends, and after 8 hours following safe travel home.
- More than 30 days but less than 181 days: submit an application for reemployment (written or verbal) no later than 14 days after service ends.
- More than 180 days: apply no later than 90 days after service ends.
If meeting the deadline is impossible or unreasonable through no fault of the employee, the deadline extends as the regulation describes.
On the employer side, ‘prompt reemployment’ means as soon as practicable; absent unusual circumstances, within two weeks of the application. After a weekend of National Guard duty, that generally means the next regularly scheduled working day.
The return deadline also matters for benefits: USERRA health continuation ends early if the employee fails to return or apply on time.