Military leave law protects reservists' employment

The longer the war in Iraq lasts, the greater likelihood that a boss, employee or associate will be called to duty.

The University of Missouri Outreach and Extension reminds businesses in an employment pinch due to the war that employees called to duty have federally mandated rights.

"If you're a small-business owner or manager, reacquaint yourself with the policies regarding military leave and employment rights," said Betty Lorton, business and industry specialist with the University of Missouri Outreach and Extension. "You may need to develop a contingency plan to ensure that the call-up of a key employee does not cripple your operation."

Employees called to duty need not worry about their jobs back home. The Federal Military Leave Law (the Uniformed Services Employment and Reemployment Rights Act of 1994) provides for military leaves of absence and reemployment of eligible employees when they return from military leave. This law applies to all civilian employees, both public and private.

"Although employers are free to fill these vacancies during the period the military employee is gone, the returning reservist is entitled to the very same position upon deactivation, generally without loss of seniority," Lorton said.

USERRA stipulates that leave may not be denied, except in cases when the absence is expected to exceed five years.

Although the federal statute does not require that employers continue to compensate employees during their military leave, Lorton said some companies voluntarily pay employees the difference between reservists' military wage and their regular wage.

Employers are obligated to continue health insurance coverage for military personnel, Lorton said.