The right to reemployment under USERRA has three basic parts that are as follows:
1. Enhanced seniority and benefits – not only is the returning employee entitled to the senior arty and other rights and benefits that he or she had when they commenced their service, there also entitled to additional senior arty, rights and benefits that they would have accrued if they had remained continuously employed.
2. An employee absent from employment because of military service must be treated by their employer as on unpaid leave or on a leave of absence.
3. When the employee returns he or she should be reemployed in either (a) the position they would have held if they had been continuously employed and not absent because of their service commitments; or, (b) position in which they were employed on the date they commenced their service.
If you have questions about your rights under USERRA, contact Lexington, Kentucky employment lawyer Robert Abell at 859-254-7076.
