Partly because of the return of many troops from Iraq recently, our legal experts have received numerous questions about the Uniformed Services Employment and Reemployment Act (USERRA). Here are two recent questions concerning pay and position.
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Get Your Report Now!Q: Can an employee on military leave collect checks from both the government and his employer?
A: Yes, definitely. You may be aware that employers are not required to pay employees who are on military leave. But the companies that do so often pay an employee only the difference between his work salary and military pay. In computing military pay, food and other allowances given to officers are usually excluded. Also remember that if your policies say you will pay employees when they are in the uniformed services, you must do so.
Q: Several months ago, we reclassified all employees in pay grade 28 down to grade 22. One affected employee was on leave performing military service when we made the change. So she is now returning to a lower-level job. Does the change violate USERRA?
A: If no other factors would have affected the employee's grade or position during her leave, you would be justified in offering her reinstatement at the regraded level. However, she would have the right to challenge the downgrade, so we hope your documentation of the regrading process is thorough and that the change was well supported by the facts.