How to Handle When Employees Are Called to Active Military Duty

Do you have a military veteran, reservist or National Guard service member on your books? If so, it’s a good idea to be aware of what the law requires when it comes to handling employees who may be called to active duty – whether to a war or disaster zone.

Here’s what you need to know:

Know How the Law Protects Employee Rights

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the reemployment rights of service members when they return from active duty and prohibits any form of discrimination by employers based on military service or obligation. It also protects employee’ benefit rights when they are required to perform military service.

Understand Your Obligations as an Employer

If you or your human resources team don’t know the requirements of USERRA, you should familiarize yourself with its key details. The U.S. Department of Labor (DOL) Veterans’ Employment and Training Service (VETS) website includes a variety of tools, FAQs, posters and fact sheets for both employers and employees.

Another useful resource is the USERRA Advisor, which is part of a useful collection of “elaws Advisors” from the DOL that provide advice on all aspects of employment law). The advisor lets you easily navigate by Employer Issues or Employee Issues.

OK, so here’s a breakdown of your key obligations as an employer to active duty military service members:

• You must provide employees information about their rights under USERRA. How you do this is up to you, however the DOL website does provide posters and fact sheets to help you share information easily.
• You must provide reemployment to uniformed employees for up to five years after they are called for active duty.
• You must continue to provide serving employees and their dependents with health coverage benefits for up to 24 months while they are serving. If the employee chooses not to continue coverage, USERRA gives them the right to be reinstated in your plan when they are reemployed.
• Returning service members must be reemployed in the job that they would have attained had they not been absent, with the same seniority, status, benefits and pay.
• Service members who are convalescing from service or training injuries have two years from the date their service was complete to return to employment.

While it’s important to be aware of your obligations, employees also have theirs and that includes providing you with adequate verbal and written notice of their impending active duty – unless this is “…impossible, unreasonable or precluded by military necessity.” According to the USERRA, adequate notice should be given “as far in advance as is reasonable under the circumstances.”

Read more here or contact your local VETS office if you have any questions about your obligations.

For more information about small business laws and regulations, check out this SBA guide: Understand Business Law and Regulations.

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• 10 Ways Your Small Business May Be Breaking Employment Laws
• Small Businesses to Get Tax Credits for Hiring Veterans as Part of President Obama's American Jobs Act
• Joining Forces - Giving Back to Our Military Community

About the Author

Caron Beesley is a small business owner, a writer, and marketing communications consultant. Caron works with the SBA.gov team to promote essential government resources that help entrepreneurs and small business owners start-up, grow and succeed. Follow Caron on Twitter: @caronbeesley