1-7-2004
Do you employ military reservists?

In light of the current military build-up situation and a possible massive call-up of reservists Express Personnel Services offers advice.

The Uniformed Services Employment and Re-employment Rights Act governs all types of military service and all employers? The law:

  • Prohibits discrimination based on military service.
  • Requires employers to reinstate employees for up to five years upon return from the service.
  • Must reinstate employees to the position they would occupy had they not been mobilized.
  • Employees gone one to six months must reapply within 14 days of completing service. Employers must rehire.
  • Employees gone longer than six months must reapply within 90 days of completing service. Employers must rehire in the same or a similar position. The returning employee may be given any seniority based pay increases or job status as if they had not been on military leave.
  • Employers must provide benefits if the employee is gone less than 30 days.
  • Employers can collect the benefit cost from employees gone for up to 18 months and can discontinue the benefit after that.
  • Military leave time counts toward FMLA eligibility (1 year + 1,250 hours).

For more information call Express Personnel Services at (360) 479-4756 or (800) 809-4285.