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USERRA Standards Regarding Reinstating Employees to Comparable Position Upon Return from Military Service

Date:
06/26/2009

Source:
Walter W. Miller

Link:

Description:
Employees are now beginning to return from active military duty and are reapplying for work with their former employers. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), the federal law that protects the employment rights of employees entering into military service, does not require that an employee be reinstated to the exact same position held prior to the leave. However, it does require that the employee be assigned to a job position that is comparable in terms of seniority, status and rate of pay to that which the employee would have been placed if not for the USERRA leave of absence. The USERRA regulations list factors that are to be considered in determining whether the reemployment position is comparable to that which was previously held. In addition, a very recent federal court case involving the City of Sherwood, Oregon, offers enlightenment on the application of the comparable position standards. Click to download the pdf for a full discussion of this issue.

Download:
USERRA Comparable Reemployment Position Standards.pdf