EMPLOYMENT ISSUES

within the Office of the Assistant Secretary of Defense for Reserve Affairs.

It was established in 1972 to promote cooperation and understanding

between Reserve component members and their civilian employers and to assist in

the resolution of conflicts arising from an employee’s military

commitment. Today ESGR operates through a network of

more than 4,500 volunteers throughout 54 committees located in each state, the

District of Columbia, Guam, Puerto Rico and the Virgin Islands. For more information contact the

National Council for Employer Support of the Guard and Reserve. This agency assists in promoting cooperation and

understanding between Reserve component members and their civilian employers. The website of the National Committee of

Employer Support of the Guard and Reserve, http://www.esgr.org explains

employers’ legal obligations. This

site also gives employers tips on helping their employees balance military

service with employment. In addition, you can download a copy of the useful

“Non-Technical Resource Guide to USERRA.”

For more information on Reservist policies, employer awards and

recognition and USERRA compliance, contact: http://esgr.org or the Reserve Officers

Association www.roa.org and Call up

info for Reserve and National Guard

and
Call up info for employers of Reserve and

Guard

and

(USERRA)

worrying about home or car payments, ongoing civil court disputes and evictions

of family or dependents, active military persons are often concerned about

whether they will have a job to return to once their period of active duty is

over. Fortunately, the answer is usually yes. A federal law known as the Uniformed

Services Employment and Reemployment Rights Act of 1994, or USERRA (

38 U.S.C. Section 4301 and

), prohibits

discrimination against members of the United States military or those who serve

in the military reserves. This law requires employers to reinstate an employee

who has taken time off to serve in the armed forces, including reservists called

up by the President, if the employee meets these

position they would have held had they been continuously employed throughout

their leave, provided they are otherwise qualified for that job. This means

that your employer cannot simply return you to your old position. Instead, the

employer must give you any promotions, increased pay or additional job responsibilities

that you would have gotten had you never taken leave — but only

if you are qualified to do the job. If you are not qualified, your employer must

try to get you qualified (by providing training, for example). You are entitled

to the benefits and seniority that you would have earned had you been continuously

employed. For purposes of benefits plans and leave policies, the time

you spent on leave must be counted as time worked. For more inform tion on

USERRA, go to https://www.dol.gov/asp/programs/

or http://www.dol.gov. The website of the U.S. Department of Labor has fact sheets and