Userra & reemployment

pattyo

We have an employee taking USERRA leave for approximately 195 days. I understand that if he applies for reemployment upon his return we must rehire him to a position with same seniority, pay, benefits and perks as he had prior to leave. (also considering the escalator provision). We have 2 locations and the office he is working out of is small. If we have no position available in that location, would offering him a job at the other location (another city approximately 120 miles away) be a consideration? Or must we have a position for him at the same office he was at?

joannie

You could offer it, but if he refuses, you must put him back where he was, even if it means terminating or transferring the employee who replaced him. Sorry, I don't think that is the answer you wanted to hear.

Dutch2

If you google USERRA you will find more information than you will ever need regarding the rules and regulations for our returning men and women.

Tony Kessler

There is also a USERRA "Hot Topics" page with lots of info on this website. tk

[url]http://www.hrhero.com/topics/userra.html[/url]

pattyo

Thank you. I have been reading alot about this but wasn't sure about the employee returning to the same position exactly. Our office is small and would have to replace the employee with a new hire as it would create a hardship to leave it open that long - it is an in-house sales position. Chances are better that we could offer the same position in our larger office when he returns. Thanks for your help.