USERRA applys to all employers, regardless of size and to all employees, regardless of how long they have been employed, or how many hours they worked while they were employed. 38 USC §§ 4303(3), (4)(A) & 4312(a). An employee who took military leave is entitled to be reinstated so long as:
–the cumulative leave(s) have not exceeded five years, with certain exceptions;
–the employee provided the employer with proper advance employee’s military service; and
–the employee must report back to work or submit an application for reemployment within the statutory time frame, as determined by the length of the employee’s military service. 38 USC § 4312.