Frequently Asked Questions
Question: What does "service in the uniformed services" mean?
Answer: "Service in the uniformed services" means voluntary or involuntary duty under competent authority and includes inactive duty training, active duty, full-time National Guard duty, and time absent for examination for fitness for such duty.
Question: May an employing office treat an employee who serves in the uniformed services unfavorably?
Answer: It is unlawful for an employing office to discriminate against an eligible employee, to deny reemployment rights to an eligible employee, or to deny benefits to an eligible employee on the basis of the employee's service in a uniformed service.
Question: Are there exceptions to the general rule that an employing office must reinstate an employee returning from duty in the uniformed services?
Answer: Yes. The employing office is not required to rehire the employee if the circumstances of the employing office have changed so as to make such reemployment impossible or unreasonable; if employment would impose an undue hardship on the employer; or if the employment was entered into with the understanding that it was for a brief, nonrecurring period with no reasonable expectation that it would continue indefinitely or for a significant period.
Question: Must an employee who has completed a period of service in the uniformed services notify the employing office of his or her intent to return to work?
Answer: Yes. Unless an employee is injured or disabled during service, employees must apply for reemployment as follows:
- If service was less than 31 days: The employee must report for work no later than the beginning of the first full regularly scheduled work period on the first full calendar day after the completion of the period of service, taking into account safe travel from the place of service to the employee's home plus an 8-hour rest period.
- If service was for more than 30 days, but less than 181 days: The employee must apply no later than 14 days following completion of the period of service, or if reporting is impossible or unreasonable through no fault of the employee, the next first full calendar day when reporting becomes possible.
- If service was for more than 180 days: The employee must apply no later than 90 days following completion of the period of service.
Question: Does an eligible employee have to prove that he or she is entitled to reinstatement?
Answer: No. The burden of proving the impossibility or unreasonableness, undue hardship, brief or nonrecurring nature, or lack of reasonable expectation of reemployment of an eligible employee lies with the employer.
