Military Service and Your Rights Regarding Your Employment

Today’s military relies more and more on reservists and those considered to be part-time soldiers. While these individuals are ready, willing and able to serve their country when called, they know that time away serving their Country means time away from their regular employment. This is why there are laws that protect those called to active duty.

Re-Employment Rights
No doubt, one of the biggest concerns to those called away is getting their job back when they return. Under the law, the employee is on an unpaid leave of absence when he or she is called to active military duty. This means that they have the right to return to their employment once they finish their active duty, as mandated by federal law. Their benefits and salary cannot be reduced below their previous levels.

Depending upon how long the reservist has been away, he or she may have to re-apply with their employer. The service member has five years to retain his re-employment rights.

If the employee has been absent for 30 days or less, he can continue his health care coverage at the same cost during the time of his service. If he serves more than 30 days, he obtains a plan through the health plan offered by the military.

The absence from work because of military service is not considered a break in employment, so a service member does not have a “waiting period” in order to be reinstated to his health care plan.

If you are called away on military service and leaving your place of employment for an extended period of time, it is best to understand your rights as member of our military. If you have any questions, contact our law office and speak with an experienced employment attorney.