Q. Last month we reinstated an employee who was on
A. Yes. The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires that an eligible employee be made whole upon return from leave, as if he or she had not taken leave.
If a pay raise is merit- or performance-based, then it must be given upon re-employment if the employee would have attained the raise with reasonable certainty had he or she remained continuously employed. In this case, because all employees in his department received the raise, it is reasonably certain that this employee would have received it, too.
Therefore, he should get the full 4%. You can’t prorate the raise by the time he spent on military leave.
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