We have several ADAs who are also members of the reserves. Their claim is that USERRA(38 U.S.C. 4301-4335) guarantees them the same pay and benefits as if they had been present rather than deployed. However 41.257 specifically limits this benefit as they are on leave without pay. Further, on non-deployed time they are required to be present an have no leave without pay time during the quarter to receive this benefit. Is this how other areas are handling this?
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