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Employees on military leave for 31 to 180 days have 14 days to file an application for reemployment.The application can come in the form of a phone call or letter notifying the employer that the employee wants to return to work.
Special circumstance like a service-related injury or illness would require extension to the deadlines, he noted.
While employers can request documentation from employees who are on military leave for more than 31 days, USERRA prohibits the employer from delaying reinstatement while it waits for such documentation, he said.
The law requires "prompt" reemployment, which the Department of Labor said means within two weeks after the employee applies for reemployment.
If an employer takes more than 2 weeks to reemploy the service member, the burden is on the employer to explain why there was a delay, he said.
Sholkoff cautioned employers that they should be careful before terminating someone who has taken military leave because it could come back...
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