Would you like to know about the final USERRA regulations that the Department of Labor made public recently? I can assist you with that.
All of you employers out there should take the opportunity to make sure your South Dakota USERRA posters have all the latest information. One popular question is regarding promotions for returning service members. As far as rights, benefits, and seniority, a military worker who comes back to their civilian job should not lose their place. For example, if John worked for a company for 8 years and Jane worked for 6, John should be promoted before Jane (if promotions are based solely on seniority). Even if John goes away on active military duty for two years, he still has seniority over Jane.
Let’s say that John went away and many things changed in the business since he left. He is, under USERRA, entitled to the necessary training that applies to his position. If the position no longer exists, or if he is unable to perform the necessary skills with the new changes in the company, he may be entitled to another position within the company.
A military leave of absence entitles service members to the same benefits as anyone else who is able to take a leave. That means a service member can have the same benefits as a person on disability or maternity leave.
The Uniformed Services Employment and Reemployment Rights Act maintains all of the original rights of reinstatement. Job protection is a given for any military member who has to be away serving for up to five years. They have a right to return to their civilian jobs when the return. The years are, of course, cumulative, which means that the years are counted together even if they are not consecutive. Disabled military members may be allowed another two years of job protection.
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