ARE SENIORITY-BASED RIGHTS AND BENEFITS PROTECTED UPON REEMPLOYMENT?
Yes. Employees are entitled to the same seniority and seniority-based benefits, such as promotions, pay raises and severance pay, they would have attained with reasonable certainty if they had remained continuously employed. 38 U.S.C. 4316(a). Seniority-based rights or benefits are those that are based on or accrue with length of service. In contrast, non-seniority-based rights or benefits are generally those based on compensation for work performed or those subject to a significant contingency, e.g., bonuses would likely be nonseniority based if they are only granted to select employees who have met specific objectives. Reemployed employees are entitled to those non-seniority based rights and benefits provided under USERRA, e.g., reinstatement and job protection upon reemployment, in addition to such rights and benefits granted to employees on FMLA and other forms of leave pursuant to the employer’s policies and practices. ARE RETURNING EMPLOYEES ENTITLED TO THE SAME RATE OF PAY? Yes,
