How are Air Reserve Technicians treated in a RIF upon their return to duty or reemployment from military service?
Upon re-employment, they may not be discharged, except for cause (RIF is not considered “for cause”). If the period of uniformed service was more than 180 days, the employee is protected from “separation” for a period of one year. If the period of uniformed service was more than 30 days, but less than 181 days, the employee is protected from “separation” for six months. Once restored, if an employee with restoration rights is impacted by RIF (during the applicable mandatory retention period) the organization is obligated to find another position for the employee rather than separate the employee. This means the RIF could be run, and the employee would compete in it, but the employee could not be separated. He or she may be downgraded or reassigned. The organization also may reassign the returning employee to another position at a different geographic location.
Related Questions
- How are Air Reserve Technicians who are on leave without pay to perform duty with the uniformed services treated during a RIF?
- How are Air Reserve Technicians treated in a RIF upon their return to duty or reemployment from military service?
- Can an Air Reserve Technician perform military duty after receiving a notice of RIF?
