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Position Upon Return From Active Duty
The specific position that you are entitled to upon returning to work depends on the length of your duty.
- Military duty of 1 to 90 days: You are entitled to the same position you would have held had you remained continuously employed.
- Military duty of 91 or more days: You are entitled to the same position you would have held had you remained continuously employed or a position of like seniority, status, and pay.
- Escalator principle: USERRA provides that you step back onto the seniority escalator at the point you would have occupied if you had remained continuously employed. For example, if you would have been promoted based on your seniority had you not been absent, you are entitled to the promotion upon reinstatement. If, however, you would have been laid off had you remained continuously employed, you may return to work in layoff status
- Retraining: Your employer must provide refresher training, and any training necessary to update your skills if you are no longer qualified for the job due to technological advances.
- If unable to retrain: If you, after reasonable retraining efforts, are unable to qualify for the position that you would have held had you remained continuously employed, your employer must place you in a position of equivalent or nearest approximation and pay that you are qualified to perform.