Q - A: You cant extend probationary period for employee on military leave

Q Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), can a police officer's probationary period be extended for the amount she is on military leave? This also would cause her performance evaluation to be delayed for the same amount of time as the leave.

No, her probationary period cannot be extended for the time she was on military leave. Nor should her performance evaluation be delayed.

Premised on the federal government's desire to encourage service in the uniformed services, USERRA provides unique and enhanced employment rights to servicemembers. Under USERRA, once a servicemember returns from military service, she must be returned to work in the position she would have held had she remained continuously employed. (This is commonly referred to as the USERRA "escalator clause.")

For example, under USERRA, if the military service period exceeds 90 days, the servicemember must be reemployed in the position she would have held except for the interruption caused by her military service or in a position of similar status, pay, and seniority if she is qualified. If she would have completed the probationary period but for her leave for military service, she must be presumed to have successfully completed the probationary period upon her return and be given any pay raises, adjustments, and other benefit enhancements she would have received had her employment tenure not been interrupted. If she needs additional training for the position, it's incumbent on you to provide the training to help her catch up.