Inquiry of the Week (2/25/02)

Question:

If a firefighter is called into military service and returns in one year, does he go back to the job he left or to the job he likely would have been at?

Answer:

It appears to me that the firefighter would be returned to the job he likely would have been at, had he not been called into service. See 38 USC 4313(2) of the Uniformed Services Employment and Reemployment Rights Act (USERRA). Even though some qualification may be (or would have been) necessary, the officer likely would have advanced into the next higher position, had he remained employed to the city.

Under USERRA (cited above) it appears that the person goes into the higher position, so long as he is qualified for the position or could become qualified for the position after reasonable efforts by the city. If after reasonable efforts the person is not qualified, he would be returned to the position he held when he left for military service.