Section 34 Seniority

• Library: Emp-Emp Law 2000

Returning veterans are entitled to the seniority they would have attained but for the time spent in military service. 38 U.S.C. § 4316. This can be important in connection with lay-offs and job bumping, which may depend on seniority or length of employment. The returning status of a veteran who was a probationary employee before leaving for military service depends on the type of probation. If the probationary period is only durational, then seniority accrues during military absence and the employee’s time in the service will count toward the probationary period. But see Batayola v. Municipality of Metropolitan Seattle, 798 F.2d 355 (9^th Cir. 1986), in which the Ninth Circuit denied the claim of a part-time employee (a...