§4313 Reemployment Positions

Summary

When a worker returns from military service and has the right to be rehired, the employer must quickly put them back to work in a job that fits a set order. If the service was less than 91 days, the worker should go back to the job they would have had if they never left, as long as they can do the duties. If they cannot do those duties after the employer makes fair efforts to help them, they should get the exact job they held when they left. If the service was more than 90 days, the worker should get the job they would have had or a job with the same seniority, status, and pay that they can perform. If they cannot do those jobs after the employer’s fair efforts, they should get the job they had when they left or a similar one in rank and pay. If the worker has a disability caused or made worse by the service and cannot do the original job even after the employer makes accommodations, the employer must place them in an equivalent job they can do or could do with fair help. If no equivalent job exists, the employer should give the closest possible job in seniority, status, and pay. If a worker cannot qualify for the original jobs for other reasons and cannot become qualified with fair help, they should be placed in the nearest matching job and keep full seniority. If more than one person wants the same job, the person who left first has the priority. Those who do not get that job must be placed in another appropriate job in the same order, also with full seniority.