With the U.S. war with Iraq, more and more reservists are being called to active duty. Today, because of dramatic reduction of military personnel, nearly half of U.S. military members are reservists, according to the U.S. Dept. of Defense. Some reservists may be on active duty for six months or longer and are unsure of their rights concerning their job and benefits.
The federal Uniformed Sevices Employment and Re-employment Rights Act (USERRA) establishes the rights of reservists and the National Guard to return to work at the end of their service. The USERRA applies to all employers regardless of their size and protects those serving in the U.S. reserve forces of the Army, Navy, Marine Corps, Air Force, Coast Guard, Public Health Service Commissioned Corps, and the National Guard.
While on active duty, employees must receive all benefits available to other employees on comparable leaves of absence. Employees also may use accrued vacation while on leave but cannot be forced to do so.
The USERRA requires employers to reinstate you to your former job after active duty or to a comparable position with the same status, seniority and pay. To be eligible for reinstatement, you must:
- Give advance notice prior to leaving;
- Be on active duty for less than five years (excluding certain service required by a declared war or nation emergency);
- Not be dishonorably discharged or separated under other than honorable conditions; and
- Report back to work in a timely manner after discharge.
When you return to work, you are entitled to the same status, pay and benefits as you would have received had you not gone into active duty. If you cannot perform the job, your employer must use reasonable efforts, such as training, to enable you to upgrade or refresh you skill to become qualified for that position.
CFFA is aware of the City of Charlotte attempting to work with CFD members serving our country, however we also know of the pain and suffering of families left here. When any member is called up to serve, we urge everyone from the firehouse to call upon us so we may immediately suspend dues, and alert the rest of our Union Family to be on call if needed.
May God bless America, and those who keep her free.