PROTECTING THOSE WHO PROTECT US

As a result of the recent tragic events, many Maryland workers and their employers could be affected by the mobilization of National Guard and Reserve troops. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), all employers must provide leave for anything related to an employee's military service, and must reinstate the employee after completion of that service. USERRA further provides protection from discrimination in initial hiring and other adverse actions against the employee if the action relates even in part to the employee's military service.

Employers are not required to pay employees for their service-related absences. However, employers are required to provide the same types of benefits provided for other types of unpaid leave. There is a five year cumulative service limit on the amount of voluntary military leave an employee may use and still retain reemployment rights. This five year total does not include inactive duty training, drills, annual training or any other required training. The deadline can be extended for up to 2 years for persons who are convalescing due to a disability incurred or aggravated during military service. After 30 days of military absence, an employer has the right to request proper documentation to establish the employee's basic eligibility under USERRA. There are specific time limits for returning to work, depending on the duration of the call for service order.

An employee is required to give his/her employer notice of leave of absence for military duty. This notice can be either oral or in writing and should provide as much advance notice as possible. If an employee fails to give the required notice, then he/she may loose the protections of USERRA.

As a employer or an employee, if you should have any questions regarding USERRA and how it might apply to you, please contact Denise Bowman, Esquire at 301-292-3300 or dbowman@alexander-cleaver.com.