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Return from military leave - paperwork


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Guest Achilles
Posted

I have a participant recently returned from military leave (5 month leave). Is there any standard paperwork that the participant should supply to confirm this leave?

He was a "contributing" participant prior to his leave.

I know that he will be treated as if he never left, and could possibly make-up any missed deferrals (within 15 months), then matched accordingly.

Thanks in advance.

Posted

From my understanding, the employee or appropriate officer of the branch of military they are to serve should have provided advanced notice, either written or oral, to their employer, in order to be afforded the reemployment rights under USERRA.

If they had, upon return from military leave which has lasted more than 30 but less than 180 days, the employee must reapply (how they do this I am not exactly certain) for the position within 14 days after completion of their military service.

When they make this formal application, I would think that they should submit discharge paperwork which would support compliance with the 14 day deadline.

Posted

If the person is a reservist, he or she should have active duty orders showing beginning and release dates. Also, after a certain number of days are served on active duty, a form DD214 is issued. It shows beginning and ending dates. It's been 14 years since I retired from the Marines, so I don't remember the cut-off for a DD214. I think it used to be 180 days.

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