One of your employees has requested a leave from employment because of a call to military service. You are obligated to allow the leave, but it turns out that the military service was cancelled. Are you obligated to reemploy the individual under the Uniformed Services Employment and Reemployment Rights Act of 1994?
- Yes, if the company has a policy of re-hiring military personnel post-duty even if it is for less than one year.
- No, as this is one caveat to the law that allows employers to hire replacement employments for military personnel for up to one year when they are called away for military duty. Even if the duty is cancelled the employer must be able to retain business.
- No, because the individual requested leave, you do not have to accept the individual back for up to one year.
- Yes, the Uniformed Services Employment and Reemployment Rights Act of 1994 requires it.
Answer(s): D
Reference:
Professional in Human Resources Certification Guide, Sybex, ISBN: 978-0-470-43096-
5. Chapter 7: Employee and Labor Relations. Official PHR and SPHR Certification Guide, HR Certification Institute, ISBN: 978-1-586-44149-4, Section III, The US Body of Knowledge.
Chapter: Employee and Labor Relations
Objective: Federal Employment Legislation
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