Texas Military Leave Laws: USERRA & State Protections (2026)

If you're a member of the military, National Guard, or reserves working in Texas, both federal and state laws protect your employment rights when you're called to service. Understanding these protections ensures you can serve your country without losing your civilian job.

This comprehensive guide covers your rights under federal USERRA and Texas state military leave laws, including reemployment guarantees, benefit continuation, and protections against discrimination.

Overview: Federal and State Military Leave Protections

Texas service members benefit from two layers of protection:

1. Federal Law: USERRA (Uniformed Services Employment and Reemployment Rights Act)

   • Applies to all Texas employers, public and private
   • Covers all types of military service
   • Provides comprehensive reemployment rights

2. Texas State Law: Texas Government Code Chapter 613

   • Provides additional protections for Texas Military Forces members
   • Stronger protections for state employees
   • Supplements federal USERRA protections

Together, these laws ensure that military service members receive the strongest available protections.

Federal USERRA Protections in Texas

Who Is Covered by USERRA?

USERRA (38 U.S.C. §§ 4301-4335) protects employees who serve in:

• U.S. Armed Forces (Army, Navy, Air Force, Marines, Coast Guard, Space Force)
• Army National Guard and Air National Guard
• Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, Coast Guard Reserve
• Commissioned corps of the Public Health Service
• Federal disaster response work (when designated by the President)

Coverage applies to:

• Active duty service
• Active duty for training
• Initial active duty for training
• Inactive duty training (drill weekends)
• Funeral honors duty
• Fitness for duty examinations

USERRA Eligibility Requirements

To receive USERRA protections, you must:

1. Hold a civilian job (including probationary periods and temporary positions)
2. Give advance notice to your employer (verbal or written, unless military necessity prevents it or notice is otherwise impossible/unreasonable)
3. Cumulative military leave must not exceed 5 years with the same employer (with certain exceptions)
4. Receive a discharge that is not dishonorable or worse (for reemployment rights)
5. Return to work or apply for reemployment timely (deadlines vary by length of service)

USERRA Leave Entitlements

Unlimited unpaid leave for qualifying military service:

• You cannot be required to use vacation or PTO for military leave
• You may voluntarily choose to use accrued paid leave
• The 5-year limit has important exceptions (see below)

The 5-Year Limit Exceptions: Service doesn't count toward the 5-year limit if it's:

• Required beyond 5 years to complete an initial service obligation
• Required due to war or national emergency declared by the President or Congress
• Covered by other specific statutory exceptions (recall to active duty, certain training requirements, mission requirements)
• National Guard service under federal authority (Title 10 orders)
• Required due to an involuntary extension

USERRA Reemployment Rights

Reporting Back to Work Timelines:

Your deadline to return depends on your length of service:

Position Upon Reemployment:

You're entitled to the position you would have attained if you'd remained continuously employed (the "escalator principle"):

• Service of 90 days or less: Same position or position you would have attained with reasonable certainty
• Service of 91+ days: Same position, position you would have attained, or nearest approximation
• If you've become disabled during service, you're entitled to a position with equivalent seniority, status, and pay that you can perform with reasonable accommodation

Seniority and Benefits Upon Reemployment:

• You're treated as if you were continuously employed for seniority purposes
• You accrue seniority-based benefits (vacation accrual, pension vesting, etc.)
• You cannot be denied benefits due to military leave waiting periods that would have been satisfied during service

USERRA Health Insurance Continuation

During Military Service (up to 24 months):

• You can elect to continue employer-sponsored health coverage for yourself and dependents
• If service is less than 31 days, you cannot be charged more than the employee share of premium
• If service is 31+ days, you can be charged up to 102% of the full premium
• If you don't elect continuation, coverage must be reinstated upon reemployment without waiting periods or exclusions (except for service-connected conditions)

Upon Reemployment:

• Immediate reinstatement of health coverage without waiting periods
• No exclusions for pre-existing conditions (except service-connected conditions that arose during service)

USERRA Pension Rights

Defined Benefit Plans:

• You're treated as employed during military service for vesting purposes
• Employer must make up any missed contributions (if required)

Defined Contribution Plans (401k, 403b, etc.):

• You have the right to make up employee contributions for military service period
• Contribution period: Up to 3 times the length of military service, maximum 5 years
• Employer must make matching or required contributions on these makeup contributions
• You're immediately vested in employer contributions attributable to makeup contributions

USERRA Anti-Discrimination and Anti-Retaliation Protections

Employers cannot:

• Discriminate against you in hiring, retention, or any benefit of employment based on military service or obligation
• Retaliate against you for exercising USERRA rights or assisting others in doing so

Initial Employment Protections:

• You cannot be denied a job because of military reserve obligations
• Employers cannot ask about military obligations before making a job offer (though they can ask afterward)

Texas State Military Leave Protections

Texas Government Code Chapter 613: Texas Military Forces Reemployment Rights

Texas law (Tex. Gov't Code §§ 613.001-613.011) provides additional protections for members of the Texas Military Forces.

Who Is Covered:

• Members of the Texas National Guard
• Members of the Texas State Guard
• Employees serving Texas during state emergencies

Texas State Employee Military Leave

Paid Military Leave for State Employees:

Texas state employees receive paid military leave under Texas Government Code § 437.202:

• Up to 15 days per fiscal year of paid leave for military training or duty
• Applies to members of Texas National Guard, U.S. Armed Forces Reserves, and Texas State Guard
• No loss of time, pay, efficiency rating, or vacation time
• Applies to state agencies, institutions, and departments

How It Works:

• Employee receives regular state salary during the 15 days
• Can use additional leave without pay if service exceeds 15 days
• USERRA protections apply for longer absences

Texas Private Sector Military Leave

Private Employers:

• Not required to provide paid military leave under Texas state law
• Subject to federal USERRA (unpaid leave and reemployment rights)
• Some Texas private employers voluntarily provide paid military leave or differential pay
• Many provide pay differential (difference between military pay and regular salary)

Additional Texas Protections

Texas Veterans' Employment Preference (Public Sector):

• Veterans receive preference in hiring for state and local government jobs
• Applies to honorably discharged veterans
• Provides points added to civil service exam scores

Texas Protections Against Discrimination:

• Texas Labor Code Chapter 21 prohibits employment discrimination based on military service
• Applies to employers with 15+ employees
• Supplements USERRA protections

Comparing USERRA and Texas State Law

Important: Texas service members receive the most favorable provision when federal and state laws overlap.

How to Exercise Your Military Leave Rights

Before Your Military Service

1. Provide Advance Notice to Your Employer:

• Give notice as far in advance as reasonably possible
• Verbal notice is legally sufficient, but written is recommended
• Provide copy of military orders if available (not required by law)
• Notice is not required only if military necessity prevents it or it's otherwise impossible or unreasonable

2. Confirm Benefits Continuation:

• Discuss health insurance continuation options
• Ask about employer's policy on differential pay
• Confirm pension/retirement contribution policies
• Document your current position, pay, and benefits

3. Understand Your Employer's Policies:

• Some employers have more generous policies than required by law
• Review military leave policies in employee handbook
• Ask about paid military leave or differential pay programs

During Your Military Service

Keep Records:

• Copy of orders and any modifications
• Documentation of service dates
• Discharge paperwork
• Medical records if injured or ill

Maintain Contact (Optional but Recommended):

• You're not required to stay in touch, but it can ease reemployment
• Update employer if service dates change significantly
• Notify HR of address changes for benefits mailings

Returning from Military Service

1. Apply for Reemployment Timely:

• Follow the deadlines based on your length of service (see chart above)
• Provide documentation of military service (DD-214, discharge orders, etc.)
• Request reemployment in writing

2. Understand Your Reinstatement Position:

• You're entitled to the escalator position (what you would have attained)
• Discuss position, salary, and benefits with HR
• If you're disabled, discuss reasonable accommodations

3. Restore Benefits:

• Health insurance reinstates immediately
• Make up retirement contributions if desired (you have up to 3x length of service, max 5 years)
• Accrue seniority and vacation as if continuously employed

What to Do If Your Rights Are Violated

Signs of USERRA Violations

Your employer may be violating USERRA if they:

• Refuse to grant military leave
• Terminate you for taking military leave
• Don't reinstate you to proper position upon return
• Require you to use vacation for military leave
• Deny health insurance continuation
• Fail to credit military service time toward seniority or benefits
• Discriminate against you for military service or obligations

Steps to Take

1. Document Everything:

• Keep copies of military orders, communications with employer
• Note dates of conversations and what was said
• Save emails and written correspondence

2. Request Written Explanation:

• Ask employer to explain in writing why they're denying your rights
• This creates a paper trail and may resolve misunderstandings

3. Contact the Employer Support of the Guard and Reserve (ESGR):

• Free mediation services for USERRA disputes
• Phone: 1-800-336-4590
• Website: www.esgr.mil{rel="nofollow"}
• ESGR can often resolve issues without litigation

4. File a Complaint with the U.S. Department of Labor:

• Veterans' Employment and Training Service (VETS)
• VETS will investigate and can refer your case to the Department of Justice
• File online at www.dol.gov/vets or call 1-866-487-2365

5. Consult an Attorney:

• You can file a private lawsuit under USERRA
• Attorney's fees may be awarded if you prevail
• Texas veterans' organizations can provide referrals

6. For Texas State Employees:

• Contact the Texas Military Department
• File complaint with Texas Workforce Commission
• May also have state law claims in addition to USERRA

Resources for Texas Service Members

Federal Resources

U.S. Department of Labor - VETS:

• USERRA information and complaint filing
• Phone: 1-866-487-2365
• Website: www.dol.gov{rel="nofollow"}

Employer Support of the Guard and Reserve (ESGR):

• Mediation and education
• Phone: 1-800-336-4590
• Website: www.esgr.mil{rel="nofollow"}

Texas Resources

Texas Military Department:

• Information for Texas National Guard and State Guard members
• Website: tmd.texas.gov{rel="nofollow"}
• Phone: 512-782-5001

Texas Veterans Commission:

• Employment services and advocacy
• Benefits counseling and claims assistance
• Website: www.tvc.texas.gov{rel="nofollow"}
• Phone: 1-800-252-8387

Texas Workforce Commission:

• Veterans employment services
• Complaint filing for discrimination
• Website: www.twc.texas.gov{rel="nofollow"}

Legal Assistance:

• Military legal assistance offices on bases
• Texas RioGrande Legal Aid (for low-income veterans)
• State bar veteran referral services

Frequently Asked Questions

Do I get paid during military leave in Texas?

If you're a Texas state employee, you receive up to 15 days of paid military leave per fiscal year for training or duty. For private sector employees, Texas law doesn't require paid military leave, though many employers voluntarily provide it or pay the difference between military and civilian pay. Federal USERRA requires unpaid leave but doesn't mandate paid leave.

Can my employer fire me for taking military leave?

No. Under USERRA, your employer cannot terminate you for taking military leave or because of military service obligations. You're also protected from retaliation for exercising your USERRA rights. If you're fired for military service, you may have a wrongful termination claim.

How long do I have to apply for my job back after returning from service?

It depends on your length of service: less than 31 days (report by next scheduled shift after reasonable travel time), 31-180 days (apply within 14 days), 181+ days (apply within 90 days). If you're hospitalized or recovering from a service-connected injury or illness, you have up to 2 years.

Can I be required to use vacation or PTO for military leave?

No. Your employer cannot require you to use accrued vacation, PTO, or sick leave for military service. However, you can voluntarily choose to use paid leave if you prefer. Many service members use a combination to supplement military pay.

What if I'm disabled during military service?

USERRA provides protections if you become disabled during service. You're entitled to reasonable accommodation to perform your previous job, or if that's not possible, a position with equivalent seniority, status, and pay that you can perform. You have up to 2 years to recover and report back if you're hospitalized or convalescing.

Does military leave count toward my retirement benefits?

Yes. Under USERRA, military service time counts toward pension vesting and accrual. For defined contribution plans like 401(k), you have the right to make up employee contributions for the period of service (up to 3 times the length of service, maximum 5 years), and your employer must make matching contributions on those makeup contributions.

Can an employer ask about military obligations during a job interview?

Pre-offer, it's generally inadvisable and may indicate discriminatory intent. Post-offer, employers can ask about military obligations for scheduling purposes, but they cannot withdraw an offer based on military obligations. This would violate USERRA's anti-discrimination provisions.

What if my employer says they can't hold my job for a year of deployment?

USERRA requires employers to hold your job for up to 5 years of cumulative military service (with exceptions). Length of service alone cannot be a reason to deny reemployment. If your employer refuses to comply, contact ESGR for mediation or file a complaint with the Department of Labor.

The Bottom Line

Texas service members enjoy strong employment protections under both federal USERRA and state law:

• Unlimited unpaid leave for qualifying military service
• Reemployment rights to escalator position with full seniority
• 15 days paid leave for Texas state employees
• Health insurance continuation during service
• Pension credit for service time
• Protection from discrimination based on military service

Whether you're called for a weekend drill, annual training, or deployment overseas, your civilian job is protected. If you encounter problems, free resources like ESGR mediation and Department of Labor enforcement can help ensure your rights are respected.

Related Texas Leave Law Pages:

• Texas Family and Medical Leave Act (FMLA) Guide
• Texas Jury Duty Leave Laws
• Texas Voting Leave Laws

Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. USERRA and Texas military leave laws are complex, and your specific situation may involve unique factors. Consult with a qualified employment attorney, military legal assistance office, or veterans service organization for advice about your particular circumstances. For immediate USERRA assistance, contact the Employer Support of the Guard and Reserve (ESGR) at 1-800-336-4590.