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Military leave of absence California

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  • Military leave of absence California

    If someone from our company leaves for active duty for 2 years and then returns, are we required to reinstate them in the same position?

    Also if this is the case when they return are they to be treated as if they were an employee for the last two years in regards to: Benefits, vacation time, seniority rights, etc? Or is this specific to the employment terms.

  • #2
    If someone from our company leaves for active duty for 2 years and then returns, are we required to reinstate them in the same position? Yes, unless business conditions have changed so as to make that impossible.

    Also if this is the case when they return are they to be treated as if they were an employee for the last two years in regards to: Benefits, vacation time, seniority rights, etc? Yes. Basically, you are required to treat them as though they never left as it relates to their pay, position, benefits, etc.

    The applicable law is the Uniformed Services Employment and Reemployment Rights Act of 1994. If you google "USERRA," you should get all the info you need regarding the employer's obligations.

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    • #3
      Thank you

      Thanks

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      • #4
        displacement in California

        What happens to perment employees who were promoted to fill the void left by a person who left on military leave for over six months. Is there any protection for them?

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        • #5
          Not legally, no.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            So if I was promoted to a perm. management position filling a viod left by reservest who was activated, upon their return, I could be demoted or displaced? I have no legal standing?

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            • #7
              No, not any more than any other employee who can be let go under the doctrine of at-will employment. Sorry.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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