Know the Military Leave Law, Including these Lesser Known Provisions

As we honor our veterans and think about our uniformed military personnel on this Veterans’ Day, it’s a good time to refresh our understanding of the Uniformed Services Employment and Reemployment Rights Act (USERRA) that provides protections to reservists and active military personnel.

Joelle Khouzam, Partner, with OMA Connections Partner, Bricker & Eckler, posts a good review of the law, including some under-recognized provisions.

She writes: “While employers may be familiar with these basic protections and the details that surround them, many companies are unaware of the escalator clause. This provision requires that returning service members be reemployed in the job that they would have attained had they not been absent for military service, with the same seniority, status and pay, and other rights and benefits determined by seniority. … In effect, it is generally impermissible to treat the employee as if there has been a break in service.”

And: “… USERRA’s disability protections require employers to make reasonable accommodations and to provide convalescing employees up to two years from the date of completion of service to return to their jobs or apply for reemployment.”