I know they have to hold your job if you are called to active duty but is it the same for basic training?
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services.
The Act applies to persons who perform duty, voluntarily or involuntarily, in the “uniformed services,” which include the Army, Navy, Marine Corps, Air Force, Coast Guard, and Public Health Service commissioned corps, as well as the reserve components of each of these services. Federal training or service in the Army National Guard and Air National Guard also gives rise to rights under USERRA.
Uniformed service includes active duty, active duty for training, inactive duty training (such as drills), initial active duty training, and funeral honors duty performed by National Guard and reserve members, as well as the period for which a person is absent from a position of employment for the purpose of an examination to determine fitness to perform any such duty.
Who’s eligible for reemployment?
Reemployment rights extend to persons who have been absent from a position of employment because of “service in the uniformed services.” “Service in the uniformed services” means the performance of duty on a voluntary or involuntary basis in a uniformed service, including:
Active duty for training
Initial active duty for training
Inactive duty training
Full-time National Guard duty.
Absence from work for an examination to determine a person’s fitness for any of the above types of duty.
Funeral honors duty performed by National Guard or reserve members
The “uniformed services” consist of the following:
Army, Navy, Marine Corps, Air Force, or Coast Guard.
Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, or Coast Guard Reserve.
Army National Guard or Air National Guard.
Commissioned Corps of the Public Health Service.
Any other category of persons designated by the President in time of war or emergency.
The law requires all employees to provide their employers with advance notice of military service.
You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and:
you ensure that your employer receives advance written or verbal notice of your service;
you have five years or less of cumulative service in the uniformed services while with that particular employer;
you return to work or apply for reemployment in a timely manner after conclusion of service; and
you have not been separated from service with a disqualifying discharge or under other than honorable conditions.
If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job.
When employees serve in the military during their employment, the company is required to either hold their jobs open or re-employ them in similar positions when they return from their military duties.
Military service includes: initial duty for training (e.g. basic training), inactive duty training (e.g. weekend type training), active duty training (the typical two-week summer camp training), and actual military service (active duty).
Military leaves of absence may be almost any length, with a maximum cumulative leave of five years. When the employee’s service is over, they must provide notice of intent to return to their employer. Under most circumstances, the employer must re-employ the employee.
According to the Law, yes. However I would write a letter to my employer with all the specifics. The amount of time off requested, where you’re basic training will be, and your expected return date. This will ensure open communication, you will have documentation for your own records, and it will look professional.
This is only true for National Guard and Reserves.
I’m unsure why some one gave me a thumbs down, I served in the Military, I am familiar with the guidelines.
Three Staple King, you obviously haven’t been given proper legal advice, Under USERRA you have to keep their job available, or an equal position while members of the reserve and national guard are under orders for active service. Yes many companies have been sued, and lost to the Labor relations board because of USERRA. You really need to get proper legal advice about USERRA.
They dont have to hold your job… Thats a myth…We have people who are on active duty and when they return, we will try to put them back to work but you cant shut down while people serve…Sorry to give you the real way it works.
By law, I keep seeing…Try to find one atty who would take a case suing an employer for staying open and replacing a worker when they leave for a year or two.. reality is its impossible but most responsible employers will try to help you out
No they don’t. Volunteering to go to active military is not the same as being in the reserves and being called to active duty.
Not EXACTLY. They have to make your same or similar position available to you at the same rate of pay upon your return. In other words, as long as its a linear move, they can change your job description, location, office space, etc.
Yes, basic training is active duty.
Yes, they are required by law and legally responsible to retain your position if you are activated , but not if you’re joining up to go to basic.
Not if you joined the military voluntarily.
If you were already in the reserves and got called up, yes.