More Resources
Home > Entrepreneur Magazine > February 2002 > Service With a Smile

Service With a Smile

Respecting the rights of employees serving in the uniformed services is more than a patriotic duty: It's a legal obligation.
Article Tools
T   |   T
TEXT SIZE:
printPrint
E-MailE-Mail
My Bookmarks

Add to My Bookmarks
Service With a Smile
Respecting the rights of employees serving in the uniformed services is more than a patriotic duty: It's a legal obligation.

Adds Article to your Entrepreneur Assist Bookmark page.
Article Contents

When your newly hired sales manager told you he was in the Army Reserve, you figured it meant giving him a little time off now and then. But the war on terrorism changed all that, and now your employee's unit has been deployed far away for who knows how long. What are your obligations?

Time to find out. "Most employers think of military leave as one weekend a month and two weeks over the summer," says Jason Branciforte, an attorney with Littler Mendelson in Washington, DC, who specializes in military leave issues. "They don't realize it might be years." After all, the last time U.S. reservists were called up was during the Gulf War, when many of today's small businesses didn't even exist.

The federal law that governs this issue, the Uniformed Services Employment and Reemployment Rights Act (USERRA), prohibits employers from discriminating on the basis of military service. That includes both voluntary and involuntary service, whether it's active duty, active duty for training, inactive duty, or absence from work for an examination to determine fitness for duty. In addition to Army, Navy, Air Force and Marines, the law covers service in the Coast Guard, the National Guard and the commissioned corps of the Public Health Service, plus any other category the president designates during a time of war or national emergency.

Content Continues Below


You can't refuse to hire people because they're in the service or refuse to promote them because they might be called up for duty. And you can't terminate people because their unit has been deployed, even if they've been gone three years.

Under USERRA, which applies to all U.S. employers, workers are entitled to military leave of up to five years. This is unpaid leave, but benefits such as health insurance and life insurance must continue if they're provided for employees on other forms of unpaid leave (such as the Family Medical Leave Act or disability). Branciforte notes that some employers elect to continue paying employees' salaries for a given number of months or to pay the difference between their salaries and military pay.

  Page   1   |   2  
Next:   Coming Home »


Today on Entrepreneur
Current Issue
Resource Centers
Inspiring Entrepreneurs
sponsored by
From the Ashes
After the San Diego wildfires, Renee VanHeel found herself without a home or office. Now she's back in business and using her entrepreneurial skills to help her cope.


Security Resource Center
sponsored by
9 Steps to Better Security
As your business gets more dependent on technology, your computer becomes more targeted by hackers and others constantly on the prowl for vulnerabilities.


Teen Entrepreneur
Dorm Room Dreams
Student entrepreneurs hit the mark with businesses aimed at fellow students.


Health & Wellness
sponsored by
Be a Healthy Entrepreneur
Want a healthy company? Start by focusing on yourself.


e-Business & Technology
Franchise News
Business Book Sampler
Starting a Business
Sales & Marketing
Growing a Business
E-mail*:
Zip Code*:
Subscribe to Entrepreneur Magazine