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Military Leaves of Absence and Reemployment
In the aftermath of the events of September 11th, employers should become familiar with the legal requirements related to military leaves of absence and reemployment. The Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA) provides job protection and reinstatement rights for employees who are absent from a position of employment because of military duty in the "uniformed services." Under USERRA, it is unlawful for an employer to deny employment, reemployment, promotion, or any benefit of employment to persons who are members of the National Guard and Reserve. An employee is entitled to reemployment rights when returning from the military if he: (i) held a job with the employer; (ii) gave advance notice to the employer of military duty; (iii) the period of service is no greater than five years; (iv) the person leaves the military under honorable conditions; and (v) the person reports back to the employer after military service in a timely manner, depending on thee length of the person's military service. USERRA also protects returning employees' benefits, such as medical plans, pensions, and seniority rights. To learn more about this issue, contact Rob Gilmore at rsg@kjk.com or at 216-736-7240.
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