USERRA
Basic gist is they don't have to hold your specific role, but they should reemploy you in an equal or better position with no pause or adversity on your seniority. I.e. it's as if you never left in terms of time of service and continuity of pay / bonus / other compensation.
There are some minor exceptions depending on employer hardship (which they must prove) and time of service before you leave... as long as you operating in good faith to return and keep employment with them long term, you should have good protection.
Quote:
Reemployment under Federal Law
The USERRA protects individuals that leave a job for U.S. military service from discrimination. Employers must reemploy the service member if:
- Before leaving, the employee gave the employer advanced written or verbal notice of the military service (unless impossible or unreasonable because of military necessity);
- The employee's absence because of military service did not exceed five years (unless an exception applies);
- The employee was given an honorable discharge at the end of military service; and
- The employee applies for reemployment within a specified time.
The USERRA prohibits employers from reinstating service members into the same position they served in prior to entering the military. Instead, the employer must establish the appropriate position by determining what position the employee would have been in if continuously employed during military service. If the employee is not qualified, the employer must offer the employee training. In addition to promoting the employee, the employer must give the employee the same raises, benefits, and seniority status entitled to if they had continuously worked for the employer. For up to one year after reinstatement, the employer cannot fire the service member without cause.
There are some exceptions to a service member's right to reinstatement under the USERRA. The employer does not have to rehire a returning service member if:
- Workplace changes make it unreasonable or impossible to reinstate the employee;
- Reemployment of the returning service member would create an undue hardship on the employer; or
- The employment of the service member prior to service was brief and there was no reasonable expectation that employment would continue for a long time.
Reemployment under State Law
Most states have laws that also ban discrimination against individuals that serve in the military or in the National Guard. For example, many states require employers to grant leave for individuals called for active military service or require employers to reinstate the returning military member. Most states only require reemployment if the employee:
- Received an honorable discharge;
- Can provide proof of the satisfactory completion of military service; and
- Applies for reemployment within a certain time.
In some cases, state laws expand upon USERRA protection of reemployment rights of returning military service members.
Also, look up SCRA - Servicemembers Civil Releif Act - which offers military personnel who deploy certain protections on interest rates (mortgage) and protection from missed payments during your deployed status.
I was actually in a class action suit against Countrywide BoA from my time in 2007-2008 when they screwed up my payments and interest rates... got 4 checks from the lawsuit totaling like $17,000 around 2011-2012 because of it... it was a nightmare for a year when I got back from deployment.
Lastly, if you are going on an active deployment in the future and your entering service from Texas, remember the Hazelwood Act. It basically tells public universities in TX that you don't owe them any tuition (at least it did 10 years ago)... it's how I was able to afford my Masters Degree.
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