What benefits and rights does an employee have under USERRA upon returning from military leave?
The types of benefits covered under USERRA are broadly defined. They include benefits such as 401(k) plans, stock plans, bonuses, severance pay and vacations. Upon re-employment, an employee is entitled to all seniority-based benefits and rights that were accrued when the military leave began, plus all additional seniority-based benefits and rights that would have accrued had the individual been continuously employed. A benefit or right is seniority-based if it accrues with, or is determined by, longevity in employment. A employee returning from military leave also is entitled to any non-seniority-based benefits or rights that the employer generally provides to other employees of similar seniority, status and pay when those employees are on a furlough or leave of absence. What are a returning employee’s rights to pension benefits? Under USERRA, a military leave must not cause a break in service for an employee with re-employment rights. Accordingly, the employer’s pension plan must cre
Related Questions
- When must an employee return to employment after being released from military duty in order to qualify for the benefits under USERRA?
- What rights does an employee have under USERRA if he or she is on layoff, on strike, or on a leave of absence?
- What are an employees rights on returning to work from FMLA leave?
