Uniform Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. s. 4301)
- Employees are requited to provide their employers with advance notice of military
service unless military necessity prevents the giving of notice.
- Employees returning from service in the armed forces, the reserves or the National Guard
after absences of five years or less (with certain exceptions) and who have been honorably
discharged are entitled to reinstatement depending on their length of service.
- If the returning employee was disabled while in the service, the employee must be
offered another job of comparable seniority, status and pay and the deadline for reporting
to work may be extended for up to two years.
- Employees who take a military leave of absence also are entitled to:retain and accrue
benefits tied to seniority; elect and pay for continued health care coverage; and
participate during the leave in insurance and other benefits not determined by seniority
to the same extent as employees granted other types of leave.
- A person who is reemployed by an employer shall not be discharged from such employment,
except for cause - within one year after the date of such reemployment, if the person's
period of service before the reemployment was more than 180 days; or within 180 days after
the date of such reemployment, if the person's period of service before the reemployment
was more than 30 days but less than 181 days.
- A person who has an obligation to perform service in a uniformed service cannot be
denied initial employment, reemployment, retention in employment, promotion or any benefit
of employment on the basis of that obligation.
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