USERRA reinstatement requirements following military leave

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in Employment Law,FMLA Guidelines,Human Resources

Q. When a manager takes an extended military leave of absence and I am forced to hire a replacement out of business necessity, am I still required to reinstate the manager upon his or her return to work?

A. The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides specific reemployment rights to veterans.

Under USERRA, there are time limits for returning to work that are based on the duration of the employee’s military service.

If the service is for less than 31 days, the worker must report to work by the beginning of the first regularly scheduled workday eight hours after he or she returns home from military leave. In this situation, the individual is not required to apply for reemployment.

If the service is from 31 to 180 days, the worker must submit an employment application for employment no later than 14 days after completion of the service. However, if it’s impossible or unreasonable for the ...(register to read more)

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