Originally Posted by
FlyingBulldog
....which would hold the employee back in their career at the company, and which would not have been taken in the absence of military service.
The "escalator clause" is to return you as if you had never left.
I wont go in detail, will share the fast read:
“Escalator” Position
See
https://www.dol.gov/vets/programs/us...t%20Guide.html
20 CFR 1002.192
"The reemployment position with the highest priority in the reemployment schemes reflects the “escalator” principle that has been a key concept in federal veterans’ reemployment legislation. The escalator principle requires that each returning service member be reemployed in the position the person would have occupied with reasonable certainty if the person had remained continuously employed, with full seniority.
The position may not necessarily be the same job the person previously held. For instance, if the person would have been promoted with reasonable certainty had the person not been absent, the person would be entitled to that promotion upon reinstatement. On the other hand, depending on economic circumstances, reorganizations, layoffs, etc., the position could be at a lower level than the one previously held, it could be a different job, or it could conceivably be in layoff status. In other words, the escalator can move up or down."
Keep records of what is the current movement in a career at your employer. PM sent