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Reemployment Rights & the Escalator Principle
Employers must reemploy servicemembers returning from military duty in the position they would have attained had they remained continuously employed (the 'escalator principle').
Statute
38 U.S.C. §§ 4301-4335
Summary
Employers must reemploy servicemembers returning from military duty in the position they would have attained had they remained continuously employed (the 'escalator principle').
Key Requirements
- Advance notice of military service (written or verbal)
- Cumulative service limit of 5 years with same employer (with exceptions)
- Timely application for reemployment after service
- Honorable discharge or satisfactory completion of service
Reemployment Deadlines
1 to 30 Days
Report to employer by next scheduled workday plus 8 hours travel
31 to 180 Days
Submit application within 14 days of completion of service
Over 180 Days
Submit application within 90 days of completion of service
Escalator Principle
The returning servicemember is entitled to the seniority, status, and pay they would have attained with reasonable certainty had they remained continuously employed.