Fisher & Phillips Reminds Private Employers of Their Duty to Serve and Protect Our Country’s Heroes as Veterans Day Approaches

San Antonio, TX, November 08, 2015 --(PR.com)-- America’s veterans deservedly take the spotlight every year on November 11 as we recognize their commitment to our country, but according to Fisher & Phillips, a national management-side labor and employment law firm, private employers need to remember re-employment obligations to veterans who proudly protect and serve us all year.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), enacted in 1994, established rights and responsibilities for uniformed service members and their civilian employers. It offers protections to veterans to help ease the process of returning to civilian life once their military service is complete. The act requires employers to reemploy veterans, grant leave to reservists for military training, and ensure no one who was or is in the armed forces is discriminated against based on their military service.

“USERRA allows employees of private employers to serve their country knowing their jobs are protected,” said John Heller in the San Antonio office of Fisher & Phillips. “In my experience, most employers want to help our servicemen and women return to civilian life, however, many may not fully understand all that they are required to do and find themselves in the legal crosshairs of federal law. Most surprising to some is that an employer may actually need to promote a returning employee if another employee in a similar position was promoted during their absence.”

USERRA requires civilian employers to:
· - Reemploy veterans who left for training or to serve in the armed forces once they have completed their service, (even if they have been gone as long as five
years);
· -Allow reservists to leave for military trainings and examinations;
· -Provide health benefits to servicemen when they are fulfilling military duties; and
· -Ensure that new employees, current employees, and employees currently on
leave do not face discrimination based on military service.

Common Questions from Civilian Employers
Q: Are employers required to reinstate former employees who have been away fulfilling military service?
A: Yes. If employees leave a company for military service, employers are required to reemploy them for five years following their departures. This applies to those who have completed their service or who are honorably dismissed. Employers should treat the departures as furloughs. As such, employers are required to allow employees to keep health coverage provided by the employer while they are away (though the employee is still required to pay up to 102% of his share of the premium during extended leaves).

Q: Are employers required to reinstate returning veterans to the same positions they held prior to departing?
A: Typically, yes. Employers must reinstate returning veterans to the positions they would have held if they had not left, which may require employers to give the returning veterans promotions, salary increases, or additional training immediately upon return. This is known as the ”escalator principle.” In addition to reinstating the employee to the position he would have had if he never left, employers are required to immediately offer the employee and his dependents benefits available to employees in the position (i.e., no “waiting period”).

Q: How much time do returning employees have to complete applications for reemployment?
A: For leaves of greater than 30 days but less than 6 months, returning employees must submit an application for reinstatement within 14 days after completing their period of uniformed service, or if this is not possible through no fault of the employee, no later than one calendar day after notice becomes possible. For longer leaves, the returning employee has up to 90 days.

Q: Are employers required to allow reservists to leave for all training requested, even if some may interfere with important deadlines?
A: In short, yes. According to the Employer Support of the Guard and Reserve, a Department of Defense office, employees are only required to give reasonable notice. Employers cannot veto the timing, frequency or duration of the leave. Employers may contact the employees’ Commanding Officers in an effort to resolve conflicts. The Commanding Officers will try to accommodate reasonable requests to reschedule military training, unless doing so would detract from unit readiness and mission accomplishment.

“For employers, it is a delicate balance between fulfilling their commitment to our servicemen and women and managing the demands of their business,” said Heller. “But it is important that they understand their legal duties to ensure that any war waged is done so in the field, and not in the courtroom.”