The principle behind the escalator position is that, if not for the period of military service, the employee should be reemployed in a position that reflects with reasonable certainty the pay, benefits, seniority, and other job perquisites that he or she would have attained if not for the period of service. (This is often referred to as the “escalator principle.”) This may result in a … If a person does not provide satisfactory documentation because it is not readily available or does not exist, the employer still must promptly reemploy the person. 6. USERRA FACT SHEET NGAUS Legislation Benefits Helpful Links NGAUS Notes USERRA Military Forms Golf Courses Guard & Reserve Links Guard & Reserve Articles The Uniformed Services Employment and Reemployment Rights Act (USERRA), provides job protection and rights of reinstatement to employees who participate in the National Guard and Reserve. Service by members who are ordered to active duty in support of a “critical mission or requirement” of the uniformed services as determined by the Secretary involved – Section 4312 (c) (4) (D). Did the employer grant accrued seniority as if the returning service member had been continuously employed? •If SM cannot perform duties of escalator position after employer’s reasonable efforts, then should be Dropping an individual from the rolls when the individual has been absent without authority for more than three months or is imprisoned by a civilian court. 6 DOES USERRA COVER INDEPENDENT CONTRACTORS? Such a position may be a higher or lower position, depending on the circumstances. The escalator goes down as well as up. Did the employer discriminate in employment against or take adverse employment action against any person who assisted in enforcement of a protection afforded any returning service member under this Statute? The .gov means it’s official. The National Committee for Employer Support of the Guard and Reserve (ESGR) is a Department of Defense agency that provides free USERRA education, consultation and, if necessary, informal mediation services. Depending on the circumstances, the escalator principle may cause an employee to be reemployed in a higher or lower position, laid off, or even terminated. For example, an employer cannot require a service member who returns home at 10:00 p.m. to report to work at 12:30 a.m. that night. 7. The escalator goes down as well as up. In such cases, the person will be subject to the employer’s established rules governing unexcused absences. USERRA provides that returning service-members are reemployed in the job that they would have attained had they not been absent for military service (the long-standing "escalator" principle), with the same seniority, status and pay, as well as other rights and benefits determined by seniority. Service required beyond five years to complete an initial period of obligated service – Section 4312 (c) (1). The USERRA Code of Federal Regulations has this to say about the escalator principle: The principle behind the escalator position is that, if not for the period of uniformed service, the employee could have been promoted (or, alternatively, demoted, transferred, or laid off) due to intervening events. Employees are entitled not only to nonseniority rights and benefits available at the time they left for military service, but also those that become effective during their service and that are provided to similarly situated employees on furlough or leave of absence. It can be found in the “elaws” section of the Department of Labor’s home page at www.dol.govhttps://webapps.dol.gov/elaws/userra.htm. Did the employer make reasonable efforts to train or otherwise qualify a returning service member for a position within the organization/company? 5. 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