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Military Leave Prior to USERRA Enactment


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We have an employee that went on active duty in 1986 and returned to employment in 1990, both before USERRA was enacted. He has only now brought it to our attention that he wants credit for his time on leave. The individual that he gave his notice of leave to is now deceased. The documentation we have makes it appear as though he resigned from his job and then enlisted in the military a month later. When he finished his tour of duty, documentation indicates that he was re-hired a month after he returned.

What is the proper way to treat military leave situations prior to when USERRA was in force?

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