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Helping to Serve Our American Heroes Returning Home: Filing a Reemployment Suit for a Disabled Military Veteran by Christina Pasquali: Employment Cause of Action Procedures

Format of Application for Veterans

Is an application for reemployment required to be in any particular form?
20 C.F.R. § 1002.118
To whom must the employee submit the application for reemployment?
20 C.F.R. § 1002.119
Is the employee required to submit documentation to the employer in connection with the application for reemployment?
20 C.F.R. § 1002.121
Documentation upon return
5 C.F.R. § 353.206
Is the employer required to reemploy the employee if documentation establishing the employee's eligibility does not exist or is not readily available?
20 C.F.R. § 1002.122
If the employee seeks or obtains employment with an employer other than the pre-service employer before the end of the period within which a reemployment application must be filed, will that jeopardize reemployment rights with the pre-service employer?
20 C.F.R. § 1002.120

Prompt Reemployment Questions and Answers

What position is the employee entitled to upon reemployment?
20 C.F.R. § 1002.191
How is the specific reemployment position determined?
20 C.F.R. § 1002.192
How is the employee's rate of pay determined when he or she returns from a period of service?
20 C.F.R. § 1002.236
Does the reemployment position include elements such as seniority, status, and rate of pay?
20 C.F.R. § 1002.193
Personnel actions during employee's absence.
5 C.F.R. § 353.106
Service credit upon reemployment.
5 C.F.R. § 353.107
Can the application of the escalator principle (prompt reemployment) result in adverse consequences when the employee is reemployed?
20 C.F.R. § 1002.194

Priority Reemployment for Disabled Employees Questions and Answers

Is the employee entitled to any specific reemployment benefits if he or she has a disability that was incurred in, or aggravated during, the period of service?
20 C.F.R. § 1002.225
Position To Which Restored.
5 C.F.R. § 353.207 (c)
If the employee has a disability that was incurred in, or aggravated during, the period of service, what efforts must the employer make to help him or her become qualified for the reemployment position?
20 C.F.R. § 1002.226
What is the employee's reemployment position if the period of service was less than 91 days?
20 C.F.R. § 1002.196 (a), (b), and (c)
What is the reemployment position if the employee's period of service in the uniformed services was more than 90 days?
20 C.F.R. § 1002.197 (a), (b), (c)

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