| Return to job as required – Time limits for returning to work now depend, with the exception of fitness-for-service examinations, on the duration of the employee’s military service.
Service of 1 to 30 days. The employee must report to his/her employer by the beginning of the first regularly scheduled workday that would fall eight hours after the end of the calendar day. For example, an employer cannot require a service member who returns home at 10:00 p.m. to report to work at 12:30 a.m. that night. But the employer can require the employee to report for the 6:00 a.m. shift the next morning. If, due to no fault of the employee, timely reporting back to work would be impossible or unreasonable, the employee must report back to work as soon as possible.
Fitness Exam . The time limit for reporting back to work for an employee who is absent from work in order to take a fitness-for service examination is the same as the one above for those absent for 1 to 30 days; applies regardless of the length of the employee’s absence.
Service of 31 to 180 days. An application for reemployment must be submitted no later than 14 days after completion of service. If submission of a timely application is impossible or unreasonable through no fault of the employee, the application must be submitted as soon as possible. If the 14th day falls on a day when the offices are not open, or there is otherwise no one available to accept the application, the time extends to the next business day.
Service of 181 or more days. An application for reemployment must be submitted no later than 90 days after completion of military service. If the 90th day falls on a day when the offices are not open, or there is otherwise no one available to accept the application, the time extends to the next business day.
Disability incurred or aggravated. The reporting or application deadlines are extended for up to 2 years for persons who are hospitalized or convalescing because of a disability incurred or aggravated during the period of military service. The 2-year period will be extended by the minimum time required to accommodate a circumstance beyond an individual’s control that would make reporting within the 2-year period impossible or unreasonable.
Unexcused delay. An employee’s reemployment rights are not automatically forfeited if the employee fails to report to work or to apply for reemployment within the required time limits; but the employee will then be subject to the employer’s rules governing unexcused absences. |
