Return from military duty

Wanda

An employee has been given time off for military duty and is scheduled to return in June. However, in late March we had to lay-off all the employees in his department and , in essence, close down the department. None of those employees have returned and at this point we do not know when, or if, we will be re-opening that department. Are we required to create some type of job for the employee who is on military duty?

Mike Maslanka

if the employee would have been fired had he not been off on military leave,you should be ok...but a couple of questions to ask---was anyone in the department allowed to bump or tranfer to other departments?...what severance pay was provided to the terminated employees?...the employee should be treated in an indentical manner as the employees not on leave...no new poisiton need be created due to the fortuity of his just happening to be on leave...regards from texas,mike maslanka