??Timely Manner??

atherese

We have an employee who has been on a military leave while in basic training. He completed/graduated basic training on June 9. As of today, June 29, we have yet to hear from him as to when he will be coming back to his part time position. The USERRA poster states that the employee "return to work or apply for reemployment in a timely manner after conclusion of service".

How long do we need to wait for him to contact us with regard to coming back to his position?

lhill

In lieu of an understanding or policy that was discussed before he left for training, I think I would call him and see if he is being shipped out in the near future. Maybe he thought that once he left for basic training, he was out for the duration. Our policy states that we have to be provided a copy of the orders. Our ee was in the reserves, but he still had orientation training before being deployed to Iraq. When he left for the orientation training we had an understanding that he would not be back until he was released from active duty. At that point he will report to work in two weeks. He will, however, keep us informed of his timetable. Good luck with this.

Linda

deniseE

I have to agree...this ee has been focused on something else for quite a while and may not clearly recall the "timely" part of the poster. He also may incorrectly believe that he does not have a job to return to...it's worth a phone call or even a letter (paper trail)just to make sure everyone is on the same gameboard.

Parabeagle

I'd give him a call just to see what his plans are. Under USERRA, if his active duty was more than 31 (but less than 180), he must submit an application for reemployment no more than 14 days after military service is completed. If he was on active duty for more than 180 days he has 90 days to submit an application.

pork1

[font size="1" color="#FF0000"]LAST EDITED ON 06-29-05 AT 01:10PM (CST)[/font][br][br]I agree, but the situation depends on the notice by the ee that he/she request to be re-employed. He/she ask to be re-employed but has no documentation, you must enroll the ee pending his successful act of gathering the appropriate documents (military orders or letters) which explains where he has been he/she has up to 90- days to produce the military documentations. If there is no notice (written) before the deadline then, as stated above, the ee has lost his protection under USERRA.

The key document is the DD 214, it will tell you the specific release date, with that information you add the "sunset days" and identify the last date of protection. Any time after the protection days subjects the individual to loss of benefits and re-employment.

We had an ee who told us before he left that he would not be coming back. After the fact, upon his returning from the battle grounds, he then gets an attorney who then pursues us for violation of USERRA provisions for protection. He was 144 days overdue with his application letter.

We have direct testimony from several employees of his personal notice that he would not be coming back, but his attorney will not accept facts and believes the false statements of the ee.

We caved in and took him back as a re-employment, as a re-hire; however, we did not restore his lost benefits and seniority to positions. He is now re-deployed to IRAQ.

We will end up even using his own case, the 2nd time around, as evidence of the fact that he did not exit the company in the right way the first time. WE will use all of his previous summer camp USERRA events as proof that we understood the USERRA procedures and appropriately allowed him to terminate our employer/employee relationship upon de-ploying to Bosnia. Our weakest point in this case is that the payroll clerk did not get a signed resignation from the individual at the time. His supervisor was sitting there so he is our witness, that he verbally asked to exit and be paid out his vacation and sick times and last pay check. Those documents are signed and dated.

Can be a difficult area of concern for HRs, everywhere so get the ts crossed and the is dotted. Do not assume anything get it all documented and appropriately accomplished consistently.

Good LUCK, and God's speed to your early and safe return of your service person. Help him/her to fully understand USERRA, to do that you must have first hand knowledge and training yourself!!!!

PORK

LivindonSouth

Heaven forbid PoRk! When I mentioned last week that I request a copy of the DD-214 to verify whereabouts, MOS and 'behavior' for that period of time, I pretty much got booed by several people. This is just another of several occasions when it is appropriate to ask for and study the 214.

pork1

Don: I don't remember you getting "Booed", maybe I just did not read that thread again after I posted my information. I concurr with you and from personal experience the DD 214 is the "fact document" that will "win and loose" most legal issues. Win if it is presented and loose if one is not presented. We military veterans are well aware of the importance of this document!!!

May all have a nice day and a Blessed one at that.

PORK