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N Cal Atty
N Cal Atty, Military Law Answer Team
Category: Military Law
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Experience:  Military Law Expert
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i came back from a deployment and i asked why i didnt get my

Customer Question

i work at costco and i want to know if i rate vacation and sick days even though i was on deployment for a year and if i still get pay raises and promotions then why didnt i get any of that either i thought i was protected

 

Submitted: 7 years ago.
Category: Military Law
Expert:  N Cal Atty replied 7 years ago.
http://usmilitary.about.com/od/justicelawlegislation/a/userra.htm
has the beginning of a summary of oyur rights.


http://usmilitary.about.com/od/justicelawlegislation/a/userra_3.htm states:
"Escalator" position. The reemployment position with the highest priority in the reemployment schemes reflects the "escalator" principle that has been a key concept in federal veterans' reemployment legislation. The escalator principle requires that each returning service member actually step back onto the seniority escalator at the point the person would have occupied if the person had remained continuously employed.

The next page states

Reemployed service members are entitled to the seniority and all rights and benefits based on seniority that they would have attained with reasonable certainty had they remained continuously employed.


A right or benefit is seniority-based if it is determined by or accrues with length of service. On the other hand, a right or benefit is not seniority-based if it is compensation for work performed or is subject to a significant contingency.


Rights not based on seniority

Departing service members must be treated as if they are on a leave of absence. Consequently, while they are away they must be entitled to participate in any rights and benefits not based on seniority that are available to employees on nonmilitary leaves of absence, whether paid or unpaid.

My opinion is that you do get pay raises and promotions as if you had never been deployed. But sick days and vacations based on time actually worked do not appear to be guaranteed by USERRA.

I hope this information is helpful.