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What are the rights of an employee in the military?

Q. What regulations do I need to follow if one of my employees is called up for military service?

A. The federal Uniformed Services Employment and Reemployment Rights Act, enacted in 1994, governs treatment of civilian employees who serve in the military. The act applies to all employers, regardless of size. It covers all military service, whether voluntary or involuntary, and includes active duty, training, full-time National Guard duty and other forms of military service.

In order to have reemployment rights under the act, an employee must satisfy the following eligibility criteria, according to Michael Shoudy, an attorney with White, Schneider, Baird, Young & Chiodini, P.C., in Okemos:

• The individual must hold a civilian job before entering the uniformed services.
• The individual must give written or verbal notice to the civilian employer that he or she is leaving the job for military service. No notice is required if it is precluded by military necessity or is impossible or unreasonable under the circumstances.
• The period of military service must not exceed five years. The time limit is cumulative as long as the employee works for the same civilian employer. When an employee starts a new job with a new employer, the employee receives a fresh five-year entitlement.
• The individual must have been released from service under “honorable conditions.”
• The individual must report back to the civilian job in a timely manner or submit a timely application for reemployment.

An individual who meets these eligibility requirements has seven basic entitlements under the act:

• Prompt reinstatement;
• Accrued seniority, as if the individual had been continuously employed;
• The status the individual would have attained if continuously employed;
• Reinstatement of civilian health insurance coverage;
• All other non-seniority benefits, as if the individual had been on a furlough or leave of absence;
• Training or retraining and all other necessary accommodations; and
• Special protection against discharge, except for cause, for a period of up to one year.

The act prohibits discrimination in initial employment, reemployment, retention, promotion or any other benefit of employment because of an individual’s membership in the uniformed services. Employees who attempt to assist in enforcing someone’s rights under the act are also protected from retaliation.

Reprinted with permission of Michigan Retailers Association. Copyright©2005, Michigan Retailers Association. All Rights Reserved retailers.com