Question :
If I am one day late in reporting for work or submitting my application for reemployment, do I lose the right to the job?
Answer :
Not necessarily. “A person who fails to report or apply for employment or reemployment within the appropriate period specified in this subsection shall not automatically forfeit such person’s entitlement to the rights and benefits provided in subsection (a) but shall be subject to the conduct rules, established policy, and general practices of the employer pertaining to explanations and discipline with respect to absence from scheduled work.” 38 U.S.C. 4312(e)(3). If you were one day late in reporting back to work, and if your employer’s usual sanction for one day of unexcused absence is a two-week suspension without pay, you would be entitled to the job but would be subject to the two-week suspension.

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