A recent decision by the U.S. Court of Appeals for the Sixth Circuit serves as a reminder to employers of what obligations they have – and do not have – towards employees who are returning from military service.
Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), service members have the right to reemployment, health insurance, pensions, and fringe benefits following their return from active duty. USERRA also provides broad protections against discrimination and retaliation on the basis of military status.
At issue in Slusher v. Shelbyville Hospital Corp., No. 15-5256 (6th Cir. Oct. 26, 2015), was whether a physician on a temporary employment contract when he was called to active duty was entitled to be reemployed until the end of the contract, which still had time to run when he sought reemployment. The court found that he was not entitled to reemployment, because of a statutory exception to the reemployment obligation: his contract was for a brief, nonrecurrent period, and there was not a reasonable expectation that his employment would continue indefinitely or for a significant period.
A copy of the Sixth Circuit’s decision in Slusher is available online here.
Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), service members have the right to reemployment, health insurance, pensions, and fringe benefits following their return from active duty. USERRA also provides broad protections against discrimination and retaliation on the basis of military status.
At issue in Slusher v. Shelbyville Hospital Corp., No. 15-5256 (6th Cir. Oct. 26, 2015), was whether a physician on a temporary employment contract when he was called to active duty was entitled to be reemployed until the end of the contract, which still had time to run when he sought reemployment. The court found that he was not entitled to reemployment, because of a statutory exception to the reemployment obligation: his contract was for a brief, nonrecurrent period, and there was not a reasonable expectation that his employment would continue indefinitely or for a significant period.
A copy of the Sixth Circuit’s decision in Slusher is available online here.