30 days or less: return to
work at the next shift on the day following completion of service,
safe travel home and 8 hours rest
31-180 days: apply within
14 days following service
181 days or more: apply within 90 days following service
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- Grant leave of absence, allowing for
safe travel and rest
- Allow employee to continue health plan
upon request (Health
benefits)
- Allow (but not require) the employee
to use accrued vacation (vacation
pay)
- Provide benefits not tied to seniority
that are granted to employees on comparable non-military leave of
absence (rights not based on
seniority)
- Prompt reemployment (prompt
reemployment)
- Reemploy in proper position and
provide necessary training or retraining (qualification
efforts)
- Accommodate disabilities incurred or
aggravated during the period of military service (Disabilities
incurred)
- Provide seniority and seniority-based
benefits (seniority
rights)
- Provide pension credit (pension/retirement)
- Not discharge the employee following
reemployment, except for cause, for one year (following service of
181 days or more) or six months (following service of 31-180 days) (protection from
discharge).
- An employer may not discriminate
against any person because of the person's past, current or future
military service or obligations. The ban on discrimination
includes initial employment, reemployment, promotions, retention in
employment, and benefits of employment (discrimination).
- An employer may not retaliate against
a person who exercises a right under USERRA or assists in an
investigation or court proceeding (reprisals)
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