Do I have to reinstate employees back from military leave?

HRCalifornia

An employer must allow an employee to report for military service and reinstate the employee to their former position if the employee requests reinstatement, in a timely manner, after their military service is completed.

The Uniformed Services Employment and Re-employment Rights Act (USERRA) governs the employment rights of veterans (38 U.S.C. 4301–4333). USERRA covers every individual who serves, or who has served, in the uniformed services and applies to any employer in the public or private sector.

USERRA provides that returning servicemembers must be re-employed in the job that they

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