On September 17, 2001, President Bush announced that as many as 35,000 members of the National Guard and Reserves may be called up in the wake of terrorist attacks on the World Trade Center and the Pentagon. As a result of this massive mobilization, employers must be aware of the legal
protections afforded to their military employees. The Uniform Services Employment and Reemployment Rights Act (USERRA), enacted in 1994, strengthened employment discrimination prohibitions and the rights of employees who leave civilian jobs for military service. The law requires that service members, reservists, and National Guard members returning to civilian employment after a period of active duty must be reemployed in the same jobs or similar ones with the status, pay, and benefits they would have attained if they had never been absent for military service. The law also protects pension rights and health benefits. Furthermore, USERRA prohibits discrimination against returning service members, reservists and National Guard members based on their active military duty or training obligations.
Employees also have obligations under USERRA. First, they must notify their employer, orally or in writing, in advance of any military service unless time or national security prevents it. In addition, employees must return to work after active duty within a certain specified time, depending on the duration of their absences.
The Department of Labor's Veterans' Employment and Training Service Division has informed all reservists and National Guard units about their rights under USERRA. Thus, employers should be aware of and follow USERRA's requirements. Compliance with this statute would not only fulfill an employer's patriotic duty, but it may also avoid costly lawsuits and bad publicity.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought abut your specific circumstances.