306.1 306.2 306.3 PART III CHAPTER 6 RIGHTS AFTER REINSTATEMENT Legislative Provisions. Time of Reinstatement. Employment for 1 Year-Discharge for Cause. 306.4 Conditions of Work. PART III CHAPTER 6 RIGHTS AFTER REINSTATEMENT 306.1 Legislative Provisions.-Upon reinstatement certain other minimum rights accrue to the veteran. Upon reinstatement he is considered as having been on furlough or leave of absence during his period of military service, shall be so restored without loss of seniority, shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such person entered active military service, and shall not be discharged from such position without cause within 1 year after such restoration. 306.2 Time of Reinstatement. (a) A veteran is entitled to be restored to work without unnecessary delay after making application for reinstatement. If a medical examination of the veteran is required, or if other preliminaries are ordinarily necessary as a prerequisite to employment in the position to which the veteran is legally entitled under the law, a reasonable time should be allowed therefor. Mere convenience of the employer is not an excuse for delaying the return of the veteran to work. (b) The veteran, upon making application for reinstatement, should enter upon the duties of the position in which he is reinstated without unnecessary delay or improper postponement unless some other arrangement is reached by mutual agreement between the veteran and the employer. 306.3 Employment for 1 Year-Discharge for Cause.-(a) The period of 1 year following restoration, during which a veteran may not be discharged without cause, commences on the date that the employer makes available to the veteran the position to which he is legally entitled. (b) The veteran's right to be continued in employment for a period of 1 year after reinstatement is conditioned only upon the veteran satisfactorily complying with the ordinarily accepted standards of personal conduct and work performance required of other employees. A violation of such standards on the part of the veteran, or a change in the employer's circumstances that makes it unreasonable or impossible for the employer to continue the veteran in employment such as would have justified a refusal of original reinstatement, may constitute "cause" for discharging the veteran during the period of 1 year following reinstatement. (c) When two or more veterans with restoration rights had, as an element of their former positions, the same job assignment, the right of each veteran to be retained in that job assignment is subject to the right of the other veterans who, before entering active military service, were prior holders of that job assignment. In the event that a veteran's right to be retained in a particular job assignment is superseded by the superior claims of another veteran and it is impossible or unreasonable for the employer to retain the veteran with the inferior claim in a similar job assignment or in employment in a position of like seniority, status, and pay, cause for lay-off under the provisions of section 306.5 may exist. 306.4 Conditions of Work.-Upon reinstatement, a veteran is subject to the same rules of the employer governing working conditions and personal conduct that apply to other employees; however, he is entitled. to be retained in his former position or one of like seniority, status, and pay, for a period of 1 year following reinstatement and he may not be discharged without cause during that period. (See sec. 306.3(b).) 306.5 Shut-down-Lay-off.-(a) A veteran's right to employment for 1 year cannot be affected by the rights of other employees under private contracts or collective-bargaining agreements. In the case of partial shut-down, or lay-off, a veteran with the statutory right of 1 year's employment may not be laid off so long as the veteran's job or one of like seniority, status, and pay is available, subject only to the superior claims of other veteran employees. If the shut-down or lay-off is a complete one, the veteran is subject to lay-off the same as other employees. (b) The veteran's right of employment continues for 1 year after reinstatement and may not be terminated by temporary shutdown or lay-off. Upon termination of a temporary shut-down or lay-off within the 1-year period, a veteran has the same right of reinstatement that he had upon initially making application to be restored to his former position or a position of like seniority, status, and pay. The 1-year period during which a veteran may not be discharged without cause is not extended by temporary shut-downs or lay-offs and ends 1 year from the date of initial reinstatement. 306.6 Demotion.-A veteran is not subject to demotion to a position below the level of the position to which he has reinstatement rights during the period of 1 year following initial reinstatement and is entitled to be retained in his former position or one of like seniority, status, and pay during that period except that he may be demoted for reasons provided in section 306.3 (b). However, it shall not be considered a demotion for the employer to place a veteran in a position of like seniority, status, and pay in order to comply with the provisions of section 306.5. 306.7 Seniority. In addition to the right of reinstatement. seniority rights accumulate during the period of active military service. Upon reinstatement in his former position or in a position of like seniority, status, and pay, a veteran is entitled to have added to his length of service with the employer the total time spent in military service and to receive any additional benefits or advantages to which the total length of service, including the time spent in military service, entitles him. 306.8 Insurance-Other Benefits.-The veteran's eligibility to participate in insurance or other benefits offered by the employer which do not accrue solely by reason of length of service, depend upon the established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time the veteran entered upon active military service. 306.9 Pay Increase.-A veteran, upon reinstatement, is entitled to any automatic pay increases which are given by the employer solely on the basis of length of service. When pay increases are conditioned upon considerations other than, or in addition to, length of service, the veteran's eligibility is to be determined under the established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time the veteran left to enter active military service. However, the time spent in military service must be added to the veteran's length of service when that is one of the considerations, regardless of whether or not such rules and practices of the employer provided that time spent on furlough or leave of absence may be so counted. 306.10 Vacation-Vacation Pay.-A veteran's eligibility to participate in vacation or vacation-pay privileges, upon reinstatement, is governed by the established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time the veteran left to enter active military service. When such rules and practices provided for a consideration of length of service with the employer in determining eligibility for such benefits, the veteran is entitled to have the time spent in military service added to his length of service with the employer. 306.11 Wage Rate.-Where the wage rate which the veteran was receiving at the time he left his position to enter active military service was determined on the basis of individual merit or the relative skill and efficiency of the veteran, then the veteran is entitled to receive the same wage upon reinstatement. If, however, the wage rate was not determined by individual ability but rather on the basis of a wage scale fixed for the job itself, which applied to all persons in that job regardless of relative skills and efficiency, then the veteran upon reinstatement is entitled to receive the current wage rate for the job in effect at the time of his return. This rule applies regardless of whether the current rate is higher or lower than it was at the time the veteran left to enter active military service. 306.12 Place of Employment. The normal place of reemployment of a veteran is the location at which he was employed when he entered active military service. An employer may not re |