|
|
EMPLOYMENT LAW BULLETIN
Vol. 01, No. 10
Courtesy of Eskridge Law, Attorneys at Law
With military reservists being activated, many employers have questions regarding their obligations to employees who are reservists. Federal law protects reservists against being fired or denied certain employment benefits because their military activities interfere with their jobs. The law, called the Uniformed Services Employment And Re-Employment Rights Act (32 U.S.C. § 4301), applies to employees in all kinds of work, whether in private industry, or working for federal, state or local governments. The only workers to which the law does not apply are temporary workers. The branch of the service does not make any difference. The laws apply equally to any "uniformed service," including National Guard and Reserve and all other kinds of military training and service. Some of the basic rules are set forth below. Additional information will follow in the November Employment Law Bulletin.
- Employers must excuse workers to attend military training or service.
- There is no requirement that reservists provide written notice of the need for leave. All that is required is that reservists or appropriate military officers give advance oral notice to the employer. (No notice is required if doing so is impossible or unreasonable because of military necessity.)
- Employers may not demand to know exactly when reservists will return to work.
- Reservists need only return to work at the start of the next regularly scheduled shift after expiration of the last calendar day necessary to travel home from training or service, or after they have had reasonable time to rest.
- Returning reservists are entitled to resume their position without loss of seniority or benefits. Returning reservists must be placed in the required position, even if this results in "bumping" the current employee. (Employers are free to temporarily fill vacancies left by reservists, but must give the positions back to the reservists upon their return.)
- There is no limit for how long reservists may be away from work. So long as reservists are participating in military training or service, the federal re-employment law applies.
- Reservists do not lose the right to return to work if they delay reporting beyond the time prescribed under law, but the reservists will be subject to the employer's rules pertaining to explanations and discipline when employees are absent from work.
- Employers may not require returning reservists to apply for "reemployment." Employees away for military service are not on a formal leave of absence. Consequently, they do not require "reemployment."
- Employers are not required to pay the employee for time lost from work because of military training or service.
Eskridge Law, Attorneys at Law, may be contacted by phone (310/792-7021), by fax (310/792-7022) or by e-mail at geskridge@ealaw.net. Please visit our web site at ealaw.net or employmentattorneys.net.
|
