What is an employers obligation under the Uniformed Services Employment and Reemployment Rights Act (USERRA) to return employees to work when they return from military leave?
According to USERRA, in most situations, employers are obligated to re-employ workers who are returning from military leave. To be eligible for re-employment, employees must have provided notice to the employer of their need to take military leave, if possible. Upon their return from military leave, employees must return to work or apply for re-employment within the prescribed time period. Also, to be eligible for re-employment rights under USERRA, the employee must have been discharged under honorable circumstances.
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