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Refresher Course on Military Leave StarNews.com - September 21, 2001
Question: I'm in the Army Reserve and, given the recent terrorist attacks, I expect to be called up soon for active duty. What kind of guarantees do I have that my civilian job will be waiting for me when I return -- and does my civilian employer have to provide me with any benefits while I'm on military leave? Indy G.I. Answer: With the Pentagon authorizing the call-up of 50,000 of the nation's 1.2 million reservists, many people are asking the same questions. Employment benefit lawyers throughout the city say they have been inundated with calls from employers wanting a refresher course on the broad job protections provided to military reservists and National Guard members under federal law. "People are just anticipating and preparing," said Kelly Kappes with the law firm of Barnes & Thornburg. "The business clients I've talked to are very willing and interested in providing all the benefits that they are obligated to -- and then some -- to help in the effort." An employer's minimum obligations are set out in the Uniformed Services Employment and Re-employment Rights Act of 1994. It requires all civilian employers, whether private or public and regardless of size, to provide leave and other benefits to those called for military training or active duty. Only if the combined length of an employee's military leaves is more than five years can an employer deny leave -- and escape provisions that require re-employment of the employee once his military duty ends. Here's a look at other key provisions of the law. * Notice of leave: Workers generally must give employers advance notice of a call to active duty. However, military necessity may force a quick call to duty that doesn't allow for -- or require -- notice, said Michael Blickman of the Ice Miller law firm. * Pay during leave: Employers aren't required to pay workers serving in the military. However, a few companies choose to pay the difference between their regular wages and their military compensation while workers are on active duty. * Health benefits: Employers must provide COBRA-like continuation coverage for workers on military leave. Coverage must be provided for up to 18 months. If the military service lasts for 30 days or less, an employee cannot be required to pay more than the normal employee share of any premium. If the leave lasts longer, the employee may be required to pay up to 102 percent of the full premium. * Re-employment: Upon completion of military service, an employee is generally entitled to quick reinstatement to his job without loss of seniority or benefits. However, there are a few exceptions. If the civilian employer goes out of business or eliminates a large number of jobs, rehiring would be doubtful. "But these circumstances would be scrutinized highly by the government," said Lori Rosen, a workplace analyst with employment law consultant CCH Inc. "The law insists on re-employment to the greatest extent possible." The U.S. Department of Labor, through the Veterans' Employment and Training Service, administers federal laws regarding military leave. It asks, however, that military personnel first contact the National Committee for Employer Support of the Guard and Reserve to resolve employment-related problems. The committee can be reached at 1-800-336-4590. Or visit its Web site at www.esgr.org. Contact Gregory Weaver at 1-317-444-6415 or via e-mail at gregory.weaver@indystar.com
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