For the men and women of our nation’s Reserve components, balancing civilian careers and family life with the call to serve is a constant act of dedication. While their commitment to duty is unwavering, it’s equally critical that their rights as citizens and employees are robustly protected. Too often, reservists face misconceptions or outright violations of their legal entitlements when their military obligations intersect with their civilian lives.
Understanding these protections isn’t just about avoiding problems; it’s about empowering reservists to serve with confidence, knowing their civilian careers and financial well-being are safeguarded. Here’s a breakdown of the key legal rights every reservist should know:
The Cornerstone: The Uniformed Services Employment and Reemployment Rights Act (USERRA)
USERRA is the bedrock of employment protection for all members of the uniformed services, including reservists and National Guard members. Enacted in 1994, this federal law ensures that individuals who serve or have served in the military are not disadvantaged in their civilian careers because of their service.
Here’s what USERRA fundamentally guarantees:
- No Discrimination: Employers cannot deny initial employment, reemployment, retention in employment, promotion, or any other benefit of employment based on past, present, or future military service. This is a broad prohibition covering hiring, firing, and all terms and conditions of employment.
- Prompt Reemployment: Upon returning from military duty, reservists are entitled to be promptly reemployed in their civilian jobs. Generally, this means returning to the position they would have attained had they not been absent for military service, with the same seniority, status, and pay. This concept is often referred to as the “escalator principle.”
- Timely Application for Reemployment: The timeframe for applying for reemployment after service varies based on the length of service:
- For service of 1-30 days, you must report to work by the beginning of the first regularly scheduled workday that starts eight hours after you complete service and can safely travel.
- For service of 31-180 days, you must apply for reemployment within 14 days of completing service.
- For service of 181 days or more, you must apply for reemployment within 90 days of completing service.
- Cumulative Service Limit: Generally, you can perform military service for a cumulative period of up to five years with an employer and retain reemployment rights. However, there are numerous exceptions to this five-year limit, particularly for required training, involuntary active duty, and certain deployments.
- Timely Application for Reemployment: The timeframe for applying for reemployment after service varies based on the length of service:
- Health and Pension Plan Protections:
- Health Insurance: If you leave your job for military service, you have the right to elect to continue your employer-based health plan coverage for up to 24 months. You may be required to pay up to 102% of the full premium. Upon reemployment, you must be immediately reinstated in the employer-based health plan with no waiting periods, except for service-related illnesses or injuries.
- Pension Benefits: USERRA treats reservists as if they had continuous service with their employer for purposes of pension plan participation, vesting, and accrual of benefits.
- Reasonable Efforts for Training and Accommodations: Employers must make “reasonable efforts” to train or retrain returning employees to help them qualify for reemployment, especially if their skills have atrophied or the job has evolved during their absence. If a disability is incurred or aggravated during military service, employers must make reasonable accommodations.
- Protection Against Retaliation: Employers cannot retaliate against an individual for exercising their USERRA rights or for assisting in a USERRA investigation.
- Notice to Employer: While not always strictly required in emergencies, it’s generally best practice for a reservist (or an appropriate military officer) to provide advance notice to their employer of impending military service whenever possible.
The Servicemembers Civil Relief Act (SCRA): Financial Protection During Service
Beyond employment, the SCRA offers vital financial and legal protections to servicemembers, including reservists, when they are on active duty orders. This act aims to ease financial burdens and enable servicemembers to focus on their military duties without undue stress from civilian obligations.
Key SCRA protections include:
- Interest Rate Cap: Active duty servicemembers can have the interest rate on certain pre-service financial obligations (like credit cards, auto loans, and mortgages) reduced to 6% per year.
- Lease Terminations: In specific situations (e.g., receiving permanent change of station orders or deploying for 90 days or more), servicemembers may be able to terminate residential or automobile leases without penalty.
- Eviction and Foreclosure Protection: The SCRA provides protection against eviction from housing and prohibits non-judicial foreclosures on mortgages entered into prior to active duty without a court order.
- Default Judgment Protection: If a default judgment is entered against a servicemember during their active duty service (or within 60 days after discharge), the SCRA may allow them to reopen the judgment if certain conditions are met.
- Stays of Judicial Proceedings: Courts may grant a temporary stay (postponement) of civil court proceedings if a servicemember’s military duties materially affect their ability to appear or participate.
- Professional License Portability: The SCRA requires states to recognize out-of-state professional licenses for servicemembers and their spouses who relocate due to military orders.
Where to Get Help and Learn More
Understanding your rights is the first step. Knowing where to turn for assistance is the next.
- Employer Support of the Guard and Reserve (ESGR): ESGR is a Department of Defense organization that promotes cooperation and understanding between servicemembers and their civilian employers. They provide neutral, free assistance in resolving USERRA-related disputes through ombudsmen and mediation.
- Department of Labor, Veterans’ Employment and Training Service (DOL-VETS): If ESGR mediation doesn’t resolve a USERRA complaint, DOL-VETS can investigate. They have the authority to access records, interview parties, and, if warranted, refer cases to the Department of Justice for litigation.
- Military Legal Assistance Offices: Your local military legal assistance office can provide advice and assistance on both USERRA and SCRA matters. These services are invaluable for understanding the nuances of the law as they apply to your specific situation.
- Department of Justice (DOJ) Servicemembers and Veterans Initiative: The DOJ enforces USERRA and other laws protecting servicemembers. Their website offers resources and information on reporting violations.
Being a reservist is a profound commitment. Knowing your legal rights empowers you to uphold that commitment without fear of adverse consequences in your civilian life. Stay informed, speak up if you believe your rights are being violated, and leverage the resources available to you. Your service is valued, and so are your protections.
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Written By: HelpVet.net
Photo Credit: Canva
