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    Eligibility for Reemployment Rights after Military Service

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    Wisconsin LawyerWisconsin Lawyer
    Vol. 79, No. 7, July 2006

    Eligibility for Reemployment Rights after Military Service

      National Guard Duty Enlisted in U.S. Armed Forces
    Advance Notice of Leave Required, except in cases of military necessity. At least 30-days' notice recommended. Not required.
    Length of Service Service for a cumulative period for up to 5 years. Service not for more than 4 years. (USERRA's more favorable 5-year period should apply).
    Conditions of Discharge No dishonorable discharge. No dishonorable discharge.
    Time Period for Return to Work
    • Service for less than 31 days - report the next day following release from service (after travel home plus 8-hours' rest).
    • Service for 31 to 180 days - apply within 14 days of discharge.
    • Service for more than 180 days - apply within 90 days of discharge.
    Return or apply within 90 days of discharge from service.
    Time Period for Return after Hospitalization Apply upon recovering, but no later than 2 years after the end of service. Within 6 months after release from hospital.



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