Re: The Weather channel interrupts regular programming for the Weather!
From my days in H/R, I'll get out my manual on the laws:
Employers have to keep their employees in the military on, but there are regulations. I recall when I worked in H/R, employers are required to grant employees leave, they must offer them the same benefits, but can require they pay more for them.
For instance, if an employer pays, $100/month for an employees health insurance, and allocates $25/month to the employee and picks up $75/month for the employer. The employer can require the employee pay the entire cost of $100/month. They can require that the employee use up all their vacation time toward that leave. So if an employee has 2 weeks vacation coming, the employer can require the employee going on military assignment use that 2 weeks. Remember vacation (and sometimes sick time, depending on the accounting you use) is a liability to the company so they want to get it off the books. Employees are not entitled to accrue vacation/sick or paid time off, but the company may offer it.
If the leave is less than 90 days, the returning military employee is entitled to be reinstated in the same position that he/she left.
If the leave is more than 90 days the employer is required to give the employee a position of similar pay and status, but not necessarily the same position.
If the returning employee has a disability related to the military leave, the employer must make accommodation to rehire him/her, UNLESS said disability would cause undue hardship on the employer. Then the employer must try to accommodate him/her in a position he/she can handle.
Employees are entitled to receive any benefits they normally would receive, such as seniority.
When can a employer deny reemployment.
Returning employees are not entitled to reemployment unless they completed service under honorable conditions. Any discharge other than honorable can prevent this, but the employer must decide it on a case by case basis. They simply cannot say, all dishonorable discharges can't be reemployed. They must review the discharge and if they feel their is reason in the discharge then they can let him/her go.
If an employer can show that reemploying the military person would cause significant hardship on the company they may deny reinstatement.
Career military personnel who work in the private sector are not subject to these take back regulations.
Employees must meet the following to qualify for reemployment
1) Must give 72 hours notice to employers of military departure, unless military necessity prevents such
2) The leave limit is subject to a five year limitation unless extended by an enactment of law
3) Employee gone less than 30 days must return to work on the first full workday after they have returned home and had eight hours of rest. Those gone 31 - 180 days must give notice of return to their employer within 14 days of their return. Those gone over 181 days have to give employer notice of return within 90 days of their return
The most important thing to remember is any employee can still be let go if an employer can show cause, such as, if they're a cashier and their drawer comes up short, or if they are stealing or any other "cause" that a non military person can be let go for