Returning service members must be re-employed in the job that they would
have attained had they not been absent for military service (the
long-standing "escalator" principle) with the same seniority, status and
pay, as well as other rights and benefits determined by seniority.
While an individual is performing military service, he or she is deemed to
be on a furlough or leave of absence and is entitled to the non-seniority
rights accorded other individuals on non-military leaves of absence.
Reasonable efforts (such as training or retraining) must be made to enable
returning service members to refresh or upgrade their skills to help them
qualify for reemployment.
The law clearly provides for alternative reemployment positions if the
service member cannot qualify for the "escalator" position.
Individuals performing military duty of more than 30 days may elect to
continue employer sponsored health care for up to 18 months; however, they
may be required to pay up to 102 percent of the full premium. For military
service of less than 31 days, health care coverage is provided as if the
service member had remained employed.
All pension plans are protected.
The period an individual has to make application for reemployment or
report back to work after military service is now based on time spent on
military duty:
For service of less than 31 days, the service member must return at the
beginning of the next regularly scheduled work period on the first full
day after release from service, taking into account safe travel home plus
an eight-hour rest period.
For service of more than 30 days but less than 181 days, the service
member must submit an application for reemployment within 14 days of
release from service. For service of more than 180 days, an application
for reemployment must be submitted within 90 days of release from service.
Service members must provide advance written or verbal notice
to their employers for all military duty unless giving notice is
impossible, unreasonable, or precluded by military necessity. Additionally,
service members are able (but are not required) to use accrued vacation
or annual leave while performing military duty.
Resources for Employers:
National Committee for Employer Support of the Guard and Reserve
(ESGR): 1.800.336.4590 or the ESGR
website. As long as the current military state of readiness
continues, ESGR has personnel on 24-hour call ready to provide information
and answer questions regarding USERRA. (Note: The ESGR is an agency
within the Office of the Assistant Secretary of Defense for Reserve
Affairs. It was established in 1972 to promote cooperation and understanding
between Reserve members and their civilian employers and to assist
in the resolution of conflicts arising from an employee's military
commitment.)
The U.S. Department of Labor's toll-free Call Center can assist
workers and employers with questions about Reemployment Rights for
Veterans, National Guard or Reservists: 1.866.4.USA.DOL (TTY: 1.877.TTY.JOBS).
