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Military Leave or Resignation

DBDB 136 Posts
in HR & Employment Law Vote Up0Vote Down
First, I've read the USERRA law and I understand just enough to handle two week training assignments and weekend duty and I'm only assuming that I'm doing those correctly.

Now, an employee who was in the reserves has resigned his position to "return to Active Duty Air Force". There are no military orders but I'm wondering if anything from USERRA applies.

I'd appreciate any suggestions you have about how to proceed

Donna


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Comments

  • 4 Comments sorted by Votes Date Added
  • CroutCrout 1,238 Posts
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    I would contact him immediately to clarify his resignation letter. It is entirely possible that he is re-joining the Air Force on his own volition, in which case USERRA would not apply. However, if he did receive orders, then USERRA applies.
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  • Down_the_MiddleDown_the_Middle 771 Posts
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    Donna:
    I would re-read USERRA again, cuz you'll find that an individual can voluntarily enlist in the military, leave your employ and go off to see the world. At the end of the military obligation, the enployee must give you notice of intent to return (within 90 days from discharge) and you are obligated to do so. There is no time & service eligibility requirement for the employee. He/she can enlist in the military on day 2 of employment and you're still under the return to service obligation. Good luck......
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  • DBDB 136 Posts
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    Thank you. I thought I had read an article about an employee enlisting, resigning from employment and then wanting to return to employment but I couldn't remember the details. I'll read the law again and try to stay awake through the whole thing this time.

    Thank you!

    If anyone else has any suggestions or pitfalls to avoid, I'm listening.

    Donna
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  • PainPain 11 Posts
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    It's my understanding that even if they resign to join the military they are entitled to return their previous job. Employers are required to reinstate individuals completing military service if they return within 5 years, if the individual satisfies certian notices: 14 days for leaves of one to six months or 90 days for leaves of more that six months.
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