USERRA

debs6882

We have an EE serving with the National Guard. He gave oral notice to his supervisor that he would be on duty for 180 days. He was not eligible for any benefits (insurance, 401, etc.) because he had not yet finished his probationary period. We will reemploy him at his old job when he returns and start counting days towards his probabtionary period and for accrual purposes when he returns. My question is, do we have to "keep him on the books" while he is serving or can we classify him as an inactive employee? We are not terminating him, we just don't want to count him in employee head counts, etc. Would we be in danger of violating USERRA? Thanks in advance for your advice.

Don D

We do put ours in an 'inactive employee' status in the computer for our own headcount purposes. That doesn't violate USERRA.