Page 25 - Personnel Policy and Procedures Manual

REEMPLOYMENT RIGHTS: GENERAL REQUIREMENTS

A. Employees who are absent from work for the reason of serving in the Uniformed Services, or for
the purpose of an examination to determine fitness to perform service in the Uniformed
Services, whether voluntarily or involuntarily, are entitled to reemployment rights and other benefits
if:

1. the periods of absence from Augusta, Georgia attributable to service in the Uniformed Services do
not exceed a cumulative total of five (5) years not to include those periods of service expressly
exempted from this five (5) year limitation by federal law (USERRA Regulations, 20 CFR &
1002.103);

2. the employee is discharged under conditions that do not constitute other than honorable discharge;
and

3. the employee reports for or applies for reemployment according to the following time limits
(based on the length of the current military service from which the employee is returning):

a. Unless applicable law provides otherwise, employees whose period of Uniformed
Service is less than thirty-one (31) days must report to work on the first regularly
scheduled workday following eight (8) hours of rest time upon returning from the
place of duty.

b. Employees whose period of Uniformed Service was from thirty-one (31) days to 180
days must submit an application for reemployment no later than fourteen (14) days
after the completion of service.

c. Employees whose period of Uniformed Service was more than 180 days must submit
an application for reemployment no later than ninety (90) days after completion of
service.

d. Employees who, at the time of release from military service, are hospitalized for or
recuperating from an illness or injury incurred or aggravated during the Uniformed
Service must report for reemployment (if the period of military service was less than
31 days) or apply for reemployment (if the period of military service was 31 days or
more) at the end of the period necessary for recovery from the illness or injury,
provided the recovery period does not exceed two (2) years.

B. Documentation must be provided to establish timeliness of application, and to ensure that all
eligibility requirements for reemployment are met. Failure to provide documentation cannot be used
as a basis to deny reemployment if the requested information is not readily available through no
fault of the employee.

C. In some instances, Georgia law may provide more generous time periods for seeking reemployment
than the time periods established by USERRA that are not set forth above. To the extent Georgia
law provides a longer time period for seeking reemployment than USERRA provides in a particular
situation, the more generous provisions of Georgia law will be applied.

D. Augusta, Georgia is not required to reemploy an employee if the employment from which he/she
All Rights Reserved – As approved by the Commission on 05-07-2019 25 | P a g e