Citizens across the country owe a great debt of gratitude to the brave men and women willing to serve in the military. Given the importance of the service that they render, those who employ members of the military are more than happy to accommodate them when they need to leave for active duty. At the same time, they need to consider what the impact that not having the service of those employees will have, and what needs to be done when they return and wish to return to their job. The Uniformed Services and Employment and Reemployment Act spells out the requirements of employers in incorporating returning servicemen and women back into their companies. If you happen to employ service members, you’ll want to become familiar with what those are.
An important part of understanding USERRA is knowing exactly whether or not the servicemen and women that you employ actually qualify for its protections. To be eligible for reemployment after active duty service, the following criteria must be meet.
“Time away: To qualify for reemployment at the standard set by USERRA, the employee must return to work within five years of the commencement of his or her military obligation.
“Time window for return: A military member returning to work following active duty must do so within a certain time in order for USERRA to apply. These return window requirements depend upon the length of his or her service and are broken down as follows:
o Less than 30 days: The next working day following return travel and adequate rest
o 31-180 days: Within 14 days of return from service
o Greater than 181 days: Within 90 days of return from service
Exceptions to the Five-Year Reemployment Window
Determining Criteria for Independent Contractors
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