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Employing Military Reservists

Know your legal rights and responsibilities as a small business employer

By Cherie L. Berkley, Owner, Legacy Letters, LLC
At one time or another, and whether you know it ahead of time or not, you may hire a military reservist. These special employees have jobs in the civilian workforce, but can be called to serve in the U.S. Army, Navy, Air Force or Marines. They typically serve for one weekend a month and two weeks a year unless called to full-time active duty in wartime.

Reserve members and their civilian employers have certain rights and responsibilities – mainly spelled out by the Uniformed Services Employment and Reemployment Rights Act (USERRA) – which you should be aware of and must abide by. As a business owner you should know your rights and responsibilities regarding military reservists and how they affect you.

Basically, USERRA protects reservists by:

  1. Prohibiting discrimination by employers for taking a military leave
  2. Requiring companies to re-employ or return someone to a similar position upon returning from armed service, with seniority as though the person had never left the company
  3. Requiring companies to maintain benefits and health plans during the period of service.

 

Spell out military leave policies

Your company should clearly spell out specific military leave policies in an employee manual. USERRA applies to all private companies no matter the size.
Try: Employee policy software can assist with assembling a comprehensive HR manual.

Get the word out to employees

USERRA requires all employers, regardless of size, to notify employees entitled to the rights and benefits under the Act.
Try: You can easily download the poster from the U.S. Department of Labor's (DOL) website and post it in a visible location at your company, such as a break room. Emailing and handing out pamphlets are other options.

Understand USERRA and your obligations

Health and pension plan coverage during military leave is provided for by USERRA. Job position and pay is also protected.
Try: Get a thorough understanding of employer obligations from how vacation is covered to pay and raises from the DOL. You can also call (866) 4-USA-DOL with questions. The DOL also provides an overview of USERRA requirements for employers.

 

  • If a company violates the USERRA the employee can either file a claim with the government, or by filing an independent USERRA lawsuit with a military lawyer or private lawyer in court. There is no statute of limitations on a USERRA claim.
  • Reservists must provide advance written or verbal notice to their employers for all military duty unless giving notice is impossible, unreasonable, or precluded by military necessity.
  • Make sure the people responsible for hiring at your business are versed on military leave policy to prevent last-minute confusion.
  • Have training strategies in place in case the reservist needs to refresh or upgrade their skills in order to qualify them for re-employment upon return.

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