In this time of national disasters, our National Guard and other citizen soldiers have been called up to help our country in its time of need.
Many will leave their jobs to serve places around the country.
Congress passed the Uniformed Services Employment and Reemployment Rights Act so that employees in the public and private sector who also serve in the uniformed services can be prepared and called up as needed without repercussions.
The law requires that eligible employees be reinstated with the seniority, status and rate of pay they would have obtained had they remained continuously employed by their civilian employer after their serve.
Employers may not realize the rights and benefits provided by the federal law, but need to understand the tremendous societal value of our citizen soldiers.
Our military cannot alone handle the public need, and citizens who are working for employers and are trained to protect and serve our country, are critical to national security and safety.
Employers should not deny candidate for employment who discloses the potential need to serve in the case of training or emergency.
Here are some important facts about law:
• It applies to all employers in the United States, regardless of the size of the business. It protects all employees, part and full-time, but does not protect contractors.
• The law protects persons who perform service in the uniformed services, which includes active or inactive duty under federal authority.
• State call-ups of members of the Army or Air National Guard are not protected under the law, thus National Guard technicians on other than active or inactive duty for training are considered to be state employees and are not afforded protection under federal law.
• The act prohibits discrimination because a person “is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service….” Employers also cannot retaliate against anyone who exercises the law’s rights.
• Employees who serve in the uniformed services are qualified for re-employment after their service if the employee has (1) left a civilian job; (2) given notice that he/she was leaving to perform military service; (3) has a cumulative period of service that does not exceed five years (there are exceptions); (4) been released from service under honorable or general conditions; and (5) reported back to work or applied for reemployment within the time constraints prescribed by law.
• The law provides protections not just in time of an emergency but also during inactive duty. Employers must excuse eligible employees from work to attend inactive duty training or annual training and the employer must reemploy the employee as if he or she has not been absent.
• It requires that advance notice be provided to the employer, either verbally or in writing, unless precluded by military necessity
• The employer may receive written or verbal orders which are considered valid when issued by competent military authority. Military members in receipt of official orders must execute them. Sometimes official orders will not be received, such as during inactive duty training.
• Employers frequently want proof of the need for the employee to take time off. However, the employer cannot require documentation until the employee has a leave of absence of more than 30 days due to military service. If the employee cannot provide adequate documentation, the employer can contact the military unit.
• Leave under law is unpaid leave. Employers frequently will pay a differential.
Detailed information about employee and employer rights and responsibilities can be found on the Department of Justice publication on this topic at https://www.justice.gov/sites/default/files/usao-ednc/legacy/2011/04/29/EmploymentRights.pdf.
In addition, there is an organization called Employer Support of the Guard and Reserve, which provides volunteer assistance on issues impacting employees who take time under the federal law. They can be reached at http://www.esgr.mil/Volunteers/Become-a-Volunteer.