Friday, December 10, 2010

Military Reserve

The United States Military has relied more in recent years on the citizen solider not only as a deterrent but as an active part of the military. You need to be aware of the requirements and responsibilities you have to those in the military reserve.
The Uniform Services Employment and Reemployment Rights Act sets out specific responsibilities of employees and rights of the reservist. A listing of the rights can be found HERE.
Among the requirements is to inform those of your employees affected by the act of their rights by hanging a poster where other employee notices are posted (copy of poster)or by giving them rights individually.
Note there is no minimum employer size as there are for many other labor rights laws.  Some of the requirements for reemployment can have a significant impact on your company.
Quoting from the Department of Labor web page "The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the employment rights and ensures the reemployment of veterans, reservists and National Guard members after a period of active service and prohibits employment discrimination because of past, current, or future military obligations. It covers all employers, regardless of size, in the public and private sectors."  (http://www.dol.gov/vets/compassist/main.htm
You are not required to pay an employee while on training but many employers choose to pay the difference between the military pay and the employee's regular pay. Decide on your policy and record it in your Employee Manual. If you print the poster on regular paper and make it part of the Employee Manual that you provide to all employees that can serve as the required notice.
Original Content copyright 2010 Thomas Robinson

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