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After military leave of more than 30 days, employers may request that the returning employee provide documentation to satisfy the requirement for eligibility for reemployment. The documentation could include the following:
The types of documents that are necessary to establish eligibility for reemployment will vary from case to case. Not all documents are available or necessary in every instance to establish reemployment eligibility.
Employers may, therefore, have documentation that should show that:
If an employee does not provide satisfactory documentation because it’s not readily available or doesn’t exist, employers must still promptly reemploy the person. If, however, after reemploying the person, documentation becomes available that shows one or more of the reemployment requirements were not met, employers may terminate the person. The termination would be effective as of that moment. It would not operate retroactively.
If an employee has been absent for military service for 91 or more days, employers may delay making retroactive pension contributions until the employee submits satisfactory documentation. However, contributions will still have to be made for employees who are absent for 90 or fewer days.
Employers don’t have to reemploy the employee under the Uniformed Services Employment and Reemployment Rights Act (USERRA) in the following circumstances:
After military leave of more than 30 days, employers may request that the returning employee provide documentation to satisfy the requirement for eligibility for reemployment. The documentation could include the following:
The types of documents that are necessary to establish eligibility for reemployment will vary from case to case. Not all documents are available or necessary in every instance to establish reemployment eligibility.
Employers may, therefore, have documentation that should show that:
If an employee does not provide satisfactory documentation because it’s not readily available or doesn’t exist, employers must still promptly reemploy the person. If, however, after reemploying the person, documentation becomes available that shows one or more of the reemployment requirements were not met, employers may terminate the person. The termination would be effective as of that moment. It would not operate retroactively.
If an employee has been absent for military service for 91 or more days, employers may delay making retroactive pension contributions until the employee submits satisfactory documentation. However, contributions will still have to be made for employees who are absent for 90 or fewer days.
Employers don’t have to reemploy the employee under the Uniformed Services Employment and Reemployment Rights Act (USERRA) in the following circumstances: