David C. Henderson Analyzes USERRA Requirements on SHRMPrint PDF
David C. Henderson, a member of the firm’s Labor, Employment and Benefits practice group, discussed the requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA) in SHRM Online – the Society for Human Resources Management. In the article, “Have Workers in the Military? The 4 USERRA Requirements You Should Know,” David comments on the law’s “escalator provision” in which employees returning from military leave are entitled to the job they would have attained had they not spent time serving their country.
David points out that an employee not only comes back to at least the same pay, benefits, and seniority that he or she would have had, but also is entitled to the pay increases he or she would have gotten, which may result in a returning employee getting a promotion. He explains that the escalator requirement “goes up and down,” therefore if an employer demotes or lays off co-workers in the position that an employee held at the beginning of military leave, the company might lawfully demote or lay off the employee.