§4316 Rights, Benefits, and Obligations of Persons Absent From Employment for Service in a Uniformed Service

Summary

People who leave a job to serve in the military and then return must get back the seniority and rights they had when they left. They also get any extra seniority and benefits they would have earned if they had kept working. While serving, they are treated as if they are on furlough or leave and must get the same non-seniority benefits that other employees on leave with similar status and pay get. If a service member gives clear written notice saying they will not return, they lose those non-seniority benefits, but the employer must prove the notice was clear and that the person knew what benefits they would lose. They cannot get more benefits than they would have had by staying employed. If other employees on leave must pay part of a funded benefit, the service member may have to pay the same share. Health plan and pension rules are handled under sections 4317 and 4318. A reemployed service member cannot be fired except for cause for one year if their service before reemployment was more than 180 days, or for 180 days if their service was more than 30 days but less than 181 days. While serving, a person may choose to use accrued paid vacation or similar leave, but the employer cannot force them to use it. Employers must give reserve members leave to perform authorized funeral honors duty, and taking that leave counts as telling the employer they intend to return to their job.