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A SOLDIER'S EMPLOYMENT PROTECTION

A Soldier's employment status is protected by the Uniformed Services Employment and Re-employment Rights Act of 1994. The act provides the following protection:

Prompt reinstatement: Soldiers away from their civilian employment for 30 days or less "report" back to work at the start of the first regular shift starting at least eight hours after safe travel time from their release from duty.

Seniority: Soldiers away from their civilian employment for 90 days or less are entitled to the exact job they left. If service was 91 days or more, the employer has the option of giving the returning soldier a position of like seniority, status, and pay. For all absences, USERRA incorporates the "escalator principle." Returning employees are entitled to the same seniority they would have had if they had never left the employer for military service. If their pre-service peers were promoted or received raises in their absence, the returning soldier is entitled to the same raise or promotion. Conversely, if their pre-service peers took pay cuts, or their jobs were eliminated, the returning soldier gets the same treatment.

Status: Returning soldiers are entitled to the same status they would have attained if continuously employed. This includes job title, location, the opportunity to work during the day versus at night, and the opportunity to work in departments where there are better opportunities to earn commissions.

Training and accommodations: An employer must make "reasonable efforts" to train a soldier on new equipment or techniques, refresh skills not used during service, and accommodate a service-connected disability, or to offer the soldier alternate employment.

Burden of proof: If a returning soldier is fired within a protected period, the employer has the burden of proving that the discharge was for cause, and not in retaliation for USERRA-protected service.

Health benefits: The employer or employer's health insurer can impose no waiting period and no exclusion of pre-existing conditions, other than for VA-determined, service-connected conditions. Returning soldiers are entitled to reinstatement of health coverage whether or not they elected to pay for health coverage through the employer during their absence.

Pension benefits: For purposes of pension benefits, employers must count any period of service protected under USERRA as if it were service with the employer.

SOURCE: U.S. Army's Judge Advocate General's Corps