EMPLOYMENT LAW BULLETIN

Vol. 01, No. 11

Courtesy of Eskridge Law, Attorneys at Law

This month's bulletin continues last month's discussion of employers' obligations to employees who are reservists, as dictated by the Uniformed Services Employment And Re-Employment Rights Act (32 U.S.C. § 4301). Additional rules relating to reservists rights are:

• A reservist can only be denied leave for training or active duty if the combined length of his/her prior military leaves is more than five years.
• A reservist cannot be denied promotion because of the obligations imposed by membership in a reserve component. This means that reservists, if as well qualified as other employees, cannot be denied promotion or advancement because military training affects their work schedules.
• Regarding use of vacation, military reservists may use accrued vacation or similar leave with pay. Use of accrued vacation time is at the reservist's option, however. Employers cannot require the use of vacation time while on military leave.
• Regarding accrual of vacation, where eligibility for vacation depends on fulfilling a work requirement, reservist employees must perform the work to be entitled to the vacation. Where the value of vacation depends upon years of service, however, the reservist's vacation is determined by continuous employment and absence for reserve duty is to be counted toward the value of the vacation.
• Employers must provide COBRA-like health benefit continuation coverage for persons who are absent from work to serve in the military. (This applies to employers of all sizes.)
• If a reservist is injured during military duty, the disability extends the length of time an employee is allowed to be off work. If the disability turns out to handicap the employee permanently, the employer still has responsibilities toward the reservist. Detailed coverage of this type of situation is beyond the scope of this bulletin, however.

If an employer and a reservist have a dispute regarding the interpretation or implementation of the Uniformed Services Employment And Re-Employment Rights Act, they may contact an ombudsman who will serve as a mediator. These ombudsmen are available, for free, through the National Committee for Employer Support of the Guard and Reserve (NCESGR), which is part of the Office of the Assistant Secretary of Defense for Reserve Affairs. To take advantage of this ombudsman service, reservists and civilian employers can contact NCESGR at 1/800-336-4590.

Employers needing financial assistance because of losing a valuable employee to active duty should contact the U.S. Small Business Administration. The Small Business Administration makes low-interest loans available to small businesses employing military reservists called to active duty during a period of military conflict, provided the reservist was an essential employee critical to the success of the business' daily operation. The number to call in California is 1/800-488-5323.

Eskridge Law, Attorneys at Law, may be contacted by phone (310/792-7021), by fax (310/792-7022) or by e-mail (geskridge@ealaw.net). Please visit our web site at eealaw.net or employmentattorneys.net.

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