Is returning veteran entitled to pay increase that occurred while he was on military leave?


Issue:

Sam gave notice that he was taking military leave. During his absence, a union contract was negotiated that provides a general pay increase for employees who have specified periods of “consecutive working service.” Is Sam entitled to the pay increase when he returns from military service?

Answer:    

Yes. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), the wage rate or pay scale to which a returning service member is generally entitled upon reinstatement is that which the employee would have received if, instead of entering the military, the person had remained continuously on the job. Thus, with respect to changes in “seniority, status or pay” occurring during the absence, the veteran is entitled to the same treatment as an employee who remained continuously employed.

Upon reinstatement, the veteran is entitled not only to all base pay but also to all other elements of pay that he or she formerly received, such as travel expenses, drawing accounts or bonuses. Thus, Sam is entitled to the increase because it constitutes a change in seniority, status or pay, and is not based on skill or merit.

Source: CCH When Duty Calls; Military Leave and Veterans’ Rights.

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