Dear Bureau Pat:
I was just informed that a key member of my staff has been activated for a one-year military deployment. Can you please address my legal obligation to support this deployment?
Dear Patriot:
If you thought soldiers were the only ones affected by the ongoing wars, you're about to get a dose of reality. Uncle Sam just anointed you with patriotic duties.
All employers of those called to duty must allow soldiers to keep their jobs while they are deployed. That means you should start looking for a good temp, but one that's not so good or likeable that you won't be able to fire him/her upon the return of your soldier-staffer.
Not too long ago, the military deployment of an employee was a more obscure concern, but today, with increasing reliance on reservists and National Guard members among the American military troops in Iraq, Afghanistan, and other places, all employers (private or public) need to be prepared for an employee being called to duty. That doesn't mean you need to run shooting or combat drills in the office, it simply requires you to have a few temp staffing agencies at the ready and know your obligations.
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the federal statute that protects employees who take temporary leaves of absence for active or reserve duty in the uniformed services. The statute affects every employer in the United States, regardless of size, that has employees who need a leave of absence for military duty.
According to the USERRA, employers are obligated to allow employees time off to serve in the military, and are required to give that employee back that same position upon his/her return from service. The USERRA also details everything from the deployed employee's health insurance to the time limits on reemployment eligibility.
So, your legal obligation is to ensure the member meets his or her military obligation and has a job waiting upon his/her return. That means you will be without a critical staff member for this time period, but you need not pay for work not done.
Employees called to duty are allowed to either use their vacation time/personal days off for service, or they can choose to take an unpaid leave of absence. While employers are not required to pay an employee who is absent to serve in the military, some opt to continue the pay.
Citizen soldiers play a very important role in both our military and civilian worlds and you are fortunate to have one on your staff. Here are some suggestions for making the most of this situation.
- Offer military employees opportunities to grow in their jobs by enhancing the training they've already received in the military - and giving them added responsibilities
- Remember that you have an obligation to offer the same benefits to employees who are absent for military service as you do to those employees who are on other (non-military) leaves of absence
- Take the time to get to know your military employee's military commanders and ask them to provide you with the employee's annual schedule of military duties (those that are known in advance) so you can work out any time conflicts well in advance
- Do not, through your policies or your attitudes, punish or discriminate against an employee due to his military service. If there are any conflicts, resolve them as quickly and fairly as possible
- Encourage your other employees to support your military employee's service and dedication to the country - the best way to do this is to model by example your OWN support.
- Work with your local HR office to inquire about temporary hires or support to take your military employee's place during his deployment - this is legal, as long as you give that employee his job back once he returns from service
The citizen soldier provides many benefits to the workplace by providing additional experience and skills. Unfortunately there are times that their call to duty takes precedence over their career workplace. It's a subtle reminder that we all make sacrifices to support our military and our country.
The Only,
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