The U.S. military is increasingly dependent on reservists and other soldiers to part-time to comply with many of their missions. While these troops are proud to serve where you call it, there is no doubt that a prolonged period of active service, far from the usual work of one, can be a burden both for the soldier and his family. There are several legal protections for reservists and National Guard members called to active duty to help lighten that burden.
The Right to Be Reemployed
One of the biggest concerns of those who are called to active military service is to return to their jobs once they return to civilian life. An employee called to active military service is considered to be absent without pay. The federal law stipulates that you have the right to be hired again in the job that you would have if you had not been called to active duty (below provides further information on this important federal law). You have the right to receive the same salary and other benefits provided by the old, although this right of reemployment has some limitations.
The Process of Reemployment
A member of the National Guard or a reservist who want to retrieve their jobs, they must apply again. If the period of absence has not exceeded 31 days, the employee must report to work at the beginning of the next working day regular, on the first business day after receiving the cancellation of the service, with time to travel to the home and a rest period of eight hours. If the period of absence has exceeded 31 days, but did not reach the 181 days, the employee is reimbursed must submit a request within fourteen days after receiving the poor service. If the period of absence due to military service exceeded 180 days, the process of re-employment must be made within ninety days of receipt of the cancellation of the service. The maximum period of absence to retain the right to be reempleado is five years.
An employee who is absent for 30 days or less may retain their health care coverage, with the same cost, during the period of service. If the service exceeds 30 days, the member of the Armed Forces and their dependents will gain coverage under the health plan of the military.
An absence for military service is not considered an interruption of employment. A member of the Armed Forces the dprk to return to his former employment has the right to re-enroll in the health insurance plan and health that he had previously. You can’t impose a waiting period or exclusion. However, it is not mandatory that a health plan sponsored by an employer to provide coverage for injuries or diseases caused or aggravated due to military service (those injuries are generally covered by the health coverage for military).
Law the Employment and Reemployment Rights the Uniformed Services 1994
The Law the Employment and Reemployment Rights the Uniformed Services 1994 (Uniformed Services Employment and Reemployment Rights Act, USERRA) is intended to minimize the disadvantages to an individual that occur when a member of the Armed Forces will need to leave their civilian employment to serve in the uniformed services of this country. USERRA introduces significant improvements in regard to the protection of the rights and benefits of members of the Armed Forces, to clarify the law and improve enforcement mechanisms. Specifically, USERRA extends the cumulative period during which an individual may be absent from employment to perform their duties as a member of the uniformed services and retain their right to be reempleado.
Who Is Covered?
Potentially, the USERRA covers all the individuals of the country who serve or have served in the uniformed services, and applies to all employers in the public and private sectors, including federal employers. The act seeks to ensure that those who serve their country can retain their civilian employment and benefits, and can seek employment without discrimination because of your service. USERRA provides enhanced protections for disabled veterans, because it forces employers to take the necessary measures to meet the demands of such inability. For more information on your rights under USERRA, visit the “interactive Advisor to USERRA from the Department of Labor of the united States.
Legal help for Issues Related to the Absence by Reason of Military
There is no doubt that receiving the call to active duty constitutes a difficulty for both the member of the Armed Forces and for their families. The federal law regarding the reemployment and continuation of benefits can help to alleviate some of that burden. If you are a member of the Armed Forces (or a loved one of one of them) and have questions about the absence due to military motifs and their rights under the Law the Employment and Reemployment Rights the Uniformed Services of 1994 (USERRA), contact an attorney specialized in labor law near you.
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