Chapter 21
VETERANS' REEMPLOYMENT RIGHTS
Summary
- The veterans' employment rights laws protect military enlistees, inductees, reservists, and National Guard members from losing their jobs or otherwise being discriminated against because of their military service.
- The laws protect job applicants, probationary employees, apprentices and trainees, part-time and seasonal employees, employees who have an employment contract, and federal, state, and local government employees.
- A veteran is entitled, upon return from military duty, to whatever position he/she would have attained with reasonable certainty, but for the absence for military service. Under certain circumstances, a veteran may be given a position of like seniority, pay, and status.
- Once reinstated, a veteran may not be discharged except for cause for up to one year after the date of reinstatement.
- An employee may not be discharged or subjected to other adverse employment actions because of his/her service in the reserves or National Guard, except for cause. The law requires employers to provide up to eighteen months of health plan coverage to employees when they are absent on military leave. Also, upon returning from military leave, a veteran is entitled to immediate coverage under the employer's health plan.
- With respect to pension plans, a veteran must be treated as not having incurred a break in service because of the veteran's military service. Also, an employer will be liable for funding any resulting obligation of the pension plan to provide benefits.
- If a benefit would have accrued with reasonable certainty, had the veteran been continuously employed by the employer, and the benefit is in the nature of a reward for length of service, a veteran is entitled to be treated with respect to that benefit as if he/she had been continuously employed.