How Seniority and Benefits Apply Under the Uniformed Services Employment and Reemployment Rights Act
When Tennessee workers and workers throughout the country take medical or another type of leave from work, they may be expected to take another position when they return from leave or they may lose some benefits. However if you are an employee that serves in the military and you have to take leave for war or a national emergency then you apply for rights under the Uniformed Services Employment and Reemployment Rights Act or USERRA, and different seniority and benefits may apply to your case. If you have questions about your rights under USERRA, then you should speak to a Tennessee employment USERRA lawyer right away. They will answer any questions you may have and help make sure your rights are protected under USERRA.
When it comes to seniority in your job and benefits under USERRA, an employee returning from military leave is entitled to the same seniority and job as though the employee never left. This means that the seniority applies even when the employee is on leave. An exception to this is if the employee is not qualified for this position or if they have become unable to perform the duties of the position due to injury. When the employee is not qualified for the position that they are supposed to have seniority for, under USERRA, it is required that the company train or assist the employee in meeting the qualifications for the position. If this not possible, USERRA requires that a company rehire the employee for the next possible position for which they are or will become qualified. The USERRA also requires a company to make reasonable accommodations for an employee that became disabled or injured while on leave.
The USERRA also entitles an employee returning from leave to any benefits of seniority as if they had not left for leave. These benefits may include medical and pension benefits which a company is expected to provide while the employee is on leave. However, the employee must still pay part of the benefits that they would be expected to pay if they were still employed. The USERRA does not provide any rights for employee that they would not already have had, had they not taken leave.
If you are an employee that is in the military and you have had to take leave, then you may be wondering about your rights and benefits at your workplace when you return from leave. If this is the case, you should contact one of our experienced and caring Tennessee employment USERRA attorneys. We care about our clients and will make sure that you understand what rights you are entitled to under USERRA and work with you on your case to make sure these rights are upheld.
Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options.
Author Bio
Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.
Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.
