44-93.3 - Reemployment rights. - Virginia Statutes

§ 44-93.3. Reemployment rights.

Upon honorable release from state active duty or military duty pursuant toTitle 32 of the United States Code, a member of the Virginia National Guard,Virginia State Defense Force or naval militia shall make written applicationto his previous employer for reemployment within (i) 14 days of his releasefrom duty or from hospitalization following release if the length of themember's absence by reason of service in the uniformed services does notexceed 180 days or (ii) 90 days of his release from duty or fromhospitalization following release if the length of the member's absence byreason of service in the uniformed services exceeds 180 days. When releasedfrom such duty, they shall be restored to positions held by them when orderedto duty. If the office or position has been abolished or otherwise has ceasedto exist during such leave of absence, they shall be reinstated in a positionof like seniority, status and pay if the position exists, or to a comparablevacant position for which they are qualified, unless to do so would beunreasonable. This section shall not apply when the cumulative length of theabsence and of all previous absences from a position of employment with thatemployer by reason of service in the uniformed services exceeds five years.

(2002, c. 354; 2007, cc. 167, 214; 2010, c. 253.)