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['Leave', 'USERRA', 'Military Leave']
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Copyright 2023 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
InstituteUSERRAMilitary LeaveEnglishIn Depth Sub Topics (Level 4)Associate Benefits & CompensationLeaveHuman ResourcesLeaveAnalysisFocus AreaUSA
Conflicting reemployment claims
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- In conflicting reemployment claims, employers must give the position to the person who first left it.
If two or more employees are entitled to reemployment in the same position, the following reemployment scheme applies:
- The employee who first left the position has the superior right to it.
The employee without the superior right is entitled to employment with full seniority in any other position that provides similar status and pay in the order of priority under the reemployment scheme otherwise applicable to the employee.
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FOUNDATIONAL LEARNING
- In conflicting reemployment claims, employers must give the position to the person who first left it.
If two or more employees are entitled to reemployment in the same position, the following reemployment scheme applies:
- The employee who first left the position has the superior right to it.
The employee without the superior right is entitled to employment with full seniority in any other position that provides similar status and pay in the order of priority under the reemployment scheme otherwise applicable to the employee.
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