When Duty Calls Know your responsibilities when it comes to employees on military leave.
Opinions expressed by BIZ Experiences contributors are their own.
When the United States gets involved in a military conflict,reserve forces are activated. The effect on American businesses canbe substantial--especially for those whose employees also happen tobe in the military. But while you'll need to focus on keepingoperations running smoothly despite the absence of key employeeswho've been called to service, keep in mind that yourobligations to those employees are governed by both federal andstate laws.
According to Walter J. Liszka, a senior shareholder and seniorattorney at Wessels & Pautsch, P.C. in Chicago, all civilianemployers, regardless of size, fall under the Uniform ServicesEmployment and Reemployment Rights Act (USERRA) of 1994, as well asany state laws that regulate military service and/or leave. USERRAcovers voluntary and involuntary absences of employees who need toperform military duties. Here, Liszka answers questions regardingyour responsibilities to employees on military leave:
- Must you pay employees who are absent on account of militaryduties? According to Liszka, not unless you've alreadyestablished a company policy that says you have to pay reserviststhe difference between their regular wage and their military pay.So if your policy states you must pay employees for the time spentat their annual two-week active-duty camp, you'll also berequired to pay them if their reserve unit is activated forservice.
- What about vacations or other paid leave? If your business doesnot pay for military leave, Liszka says employees have the right touse any vacation or other accumulated paid time off during theirservice but may also opt for an unpaid leave. If your company doeshave a policy of paying for military service time, you cannotrequire employees to use their vacations or paid leave whileserving instead of receiving a regular salary.
- What happens to their benefits? You must extend the samebenefits to employees who are absent for military service as you doto employees who are on nonmilitary leaves of absence, saysLiszka.
- Can you replace employees on military leave? According toLiszka, while you are free to temporarily fill vacancies left byemployees absent for military service, returning service membersare entitled to re-employment in the same positions they left.
Certainly, Liszka says, we all hope for an early end to anymilitary conflict, for the safety of that country's citizensand our military. "Regardless," Liszka continues,"all employers should note their obligations with regard toemployees called to active duty."
Jacquelyn Lynn left the corporate world more than 13 yearsago and has been writing about business and management from herhome office in Winter Park, Florida, ever since.
Contact Sources
Wessels & Pautsch P.C., (312) 461-0500, fax: (312)461-0595
