What are the basic reemployment rights when an employee returns following military service?
Category: Human Resource Policies and Pandemic Planning Workplace Questions
Sub-Category: Re-Employment Rights
Answer:
The employer must promptly reemploy the service member. The Department of Labor’s regulations under Uniformed Services Employment and Reemployment Rights Act define “prompt reemployment” as: “…as soon as practical under the circumstances of each case. Absent unusual circumstances, reemployment must occur within two weeks of the employee's application for reemployment.” (20 C.F.R. 1002.181 (December 2005))
Following a period of service of 30 days or less or an examination to determine fitness for military service, an employee does not make an “application for reemployment,” but rather returns to work the next regularly scheduled working day. Generally, the reemployment position should be the one the person would have attained had he or she remained continuously employed during the period of military service.
Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.
Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies. For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information. This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.
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Last Updated: 01/28/2008
