Userra

Dutch2

Do you know if the USERRA applys to both full-time and part-time employees? I am unable to locate anything that says there is a difference in how these are treated - just want to make sure.
Thank you.

Julie Athey

In general, USERRA applies to nearly all employees, including part-time employees. Some of the law's provisions do not apply, however, to employees who hold temporary jobs for which there is "no reasonable expectation that they will continue indefinitely or even for a significant period of time."

Julie Athey
Author - You & USERRA: An Employer's Guide to Military Leave

Dutch2

Thanks muchly,
Dutch2

Dutch2

As usual... another question regarding USERRA - I understand the principal of them returning whole as if they never left. How does their working schedule come in to play. The reason I ask is we have a young man that works and early evening position for us, allowing him to attend college every day, are we obligated to making a position open for him upon his return of the same schedule?

Julie Athey

I think this is a deceptively difficult question that really depends on the specific facts. In general, I would advise that the terms and conditions of the job should remain the same if that is what is desired by the employee. If you are genuinely unable to give him the same schedule (such as if the shift has been eliminated), then you may be obligated to offer him another position or positions.

I apologize for the vague answer, but this a really tricky area of the law. I would suggest you consult an attorney for more concrete advice.

Julie Athey
Author - You & USERRA: An Employer's Guide to Military Leave