Workers who leave for military have right to re-employment

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President Bush declared America at war with terrorism following the horrific tragedy on Sept. 11. The country is watching as employees are called to active duty, leaving employers to wonder about legal obligations regarding staff replacement and rehiring. |ret||ret||tab|

Several federal laws apply, including the Uniformed Services Employment and Reemployment Rights Act, the Selective Training and Service Act, the Army Reserve and Retired Personnel Service Law, the Soldiers' and Sailors' Civil Relief Act, the Service Extension Act, the Public Health Service Act, Section 9 of the Selective Service Act, the Universal Military Training and Service Act, and the Reserve Forces Act. |ret||ret||tab|

The Attorney General and the Depar-tment of Justice enforce these laws, evaluate disagreements and spearhead litigation against corporations. |ret||ret||tab|

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Coverage|ret||ret||tab|

The laws apply to all organizations but not necessarily all workers. Covered associates must be employed in "other than a temporary position." The law does not define the phrase, but in general, re-employment is not commanded if the job is for a brief, nonrecurrent period or is not anticipated to continue indefinitely or for a substantial length of time. |ret||ret||tab|

Re-employment rights and salary protections are guaranteed to any staff member leaving to serve in the U.S. armed forces, the various reserve units or the National Guard under federal orders. Service consists of active duty, active duty for training, inactive duty for training, full-time National Guard duty or an absence for a service or training examination. |ret||ret||tab|

Advanced written or verbal notice is generally required but not mandated if impractical. |ret||ret||tab|

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Length of duty|ret||ret||tab|

An associate may serve a total of five years on active duty and receive protection under the laws. Exclusions come into play for training and involuntary active duty extensions, as well as service beyond five years to finish an initial period of obligated service. |ret||ret||tab|

The laborer must perform acceptably and receive an honorable, general or under honorable conditions discharge. Individuals obtaining dishonorable or bad conduct discharges are ineligible for the benefits. |ret||ret||tab|

Employers do not have to pay a worker while he is gone. Businesses may not force a worker to use paid leave time concurrently with military leave. Com-panies choosing not to voluntarily continue group health coverage must offer benefits under the Consolidated Omni-bus Budget Reconciliation Act of 1985, the law that added requirements for health care continuation coverage, to the activated military person, his spouse and his dependent children. Continuation coverage cannot cease because the individual will secure health coverage as a member of the armed forces. |ret||ret||tab|

Corporations may fill the job opening left by the person on military leave. However, once finished, businesses must rehire the team member. An exception exists if his position was eliminated and he would have been terminated had he not been serving in the military. |ret||ret||tab|

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Reinstatement|ret||ret||tab|

Any worker in the service from one to 90 days must be reinstated to the job he would have held had he remained continually employed. This includes a possible promotion position, presuming he is qualified or will be qualified after reasonable training attempts. If he does not become qualified, place him in the job he held on the date his service began. |ret||ret||tab|

The same rules apply to a staff member in the military for 91 or more days, or a business is allowed to place him in a position of equivalent seniority, status and pay. If he does not prove capable, reinstate him in the job he held when he left the corporation. If he was injured while gone, make reasonable accommodation for the disability. |ret||ret||tab|

In addition, all pay increases pertaining to performance, length of service or cost of living must be provided as if he never left the organization. Prohibitions also exist against discharges, denied promotions, imposed waiting periods for pre-existing condition exclusions on staff and dependents, and refusals to provide advantages received by other employees that remained with the employer.|ret||ret||tab|

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Job protection|ret||ret||tab|

A re-employed person is protected from discharge without cause for one year if his military service is 181 days or longer, or six months if his service is from 31 to 180 days. |ret||ret||tab|

If states extend even greater rights and protections, the workers are entitled to those also. |ret||ret||tab|

(Lynne Haggerman is president/ owner of Haggerman & Associates, a retained search, outplacement, management training, and human re-sources consulting firm.) [[In-content Ad]]