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Virginia Extends Veterans’ Reemployment Rights

Published by on April 20, 2010

Virginia has extended the time period during which members of the Virginia National Guard, Virginia State Defense Force, or naval militia may apply for reemployment following release from active duty.  More after the break. The original Code section (Va. Code Ann. § 44-93.3) required a Virginia service member to apply for reinstatement within 14 days […]

Virginia has extended the time period during which members of the Virginia National Guard, Virginia State Defense Force, or naval militia may apply for reemployment following release from active duty.  More after the break.

The original Code section (Va. Code Ann. § 44-93.3) required a Virginia service member to apply for reinstatement within 14 days of release from duty or hospitalization following release.  The 14 day time period still applies to absences that are less than 180 days.   For absences that exceed 180 days, a service member now has 90 days to apply for reinstatement to a former position.  Upon release, an employer shall restore a service member to the same position held at the time of order to active duty, or a comparable one if that position has been eliminated.  The reemployment rights do not apply when the cumulative length of absences (for reason of uniformed service) exceeds five years.  The amended law, signed on April 8, 2010, becomes effective on July 1, 2010.

The new Code section is here.

Contributed by Ellen D. Kennedy

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