Entitlement to reinstatement after military leave includes a few conditions:
Additionally, a reinstated employee must receive all the seniority, status, pay and benefits he or she would have been entitled to if the employee had been actively working during his or her military service. For example, if the employee would have received pay increases had he or she been actively working, these increases in pay must be provided to the employee upon reinstatement.
The re-employment obligation has three exceptions:
- The employee gave the employer notice of the need for military leave (oral or written).
- The period of military service did not exceed five years (Note: Some types of duty do not count against this five-year limit.)
- The employee was released under honorable conditions.
- The employee returned and applied for re-employment within the following time restrictions:
- Leaves of less than 31 days. The employee must report to work on the first regularly scheduled work period following the completion of military service; no application is required.
- More than 31 days but less than 180 days. The employee must apply for reinstatement within 14 days after completion of military service.
- More than 180 days. The employee must apply for reinstatement no more than 90 days after completion of military service.
- Note: Employees with disabilities have two years after their dates of return (for purposes of recuperation and convalescence) to seek re-employment.
Additionally, a reinstated employee must receive all the seniority, status, pay and benefits he or she would have been entitled to if the employee had been actively working during his or her military service. For example, if the employee would have received pay increases had he or she been actively working, these increases in pay must be provided to the employee upon reinstatement.
The re-employment obligation has three exceptions:
- The employer’s circumstances have so changed as to make such re-employment impossible or unreasonable.
- Re-employment would impose an undue hardship on the employer.
- The employment was for a brief, nonrecurring period with no reasonable expectation that such employment would continue indefinitely or for a significant period.
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