Understanding Military Orders and Employment
Receiving military orders can be a significant life change, and it's natural to wonder how it will affect your employment. The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects the job rights of individuals who are called to active duty in the military.
USERRA applies to all public and private employers, regardless of size, and provides protections for employees who are absent from work due to military service, including reservists and National Guard members.
Working While on Active Duty
While on active duty, military personnel are generally not allowed to engage in outside employment, except in limited circumstances. However, there are some exceptions, such as working as a contractor or consultant, or participating in a military-sponsored work program.
It's essential to note that any outside employment must be approved by the military member's commanding officer, and must not interfere with their military duties or compromise national security.
Reservist Employment Rights
Reservists who are called to active duty have the right to return to their civilian job after their military service is completed. USERRA requires employers to reemploy reservists in the same position they held before their military service, or in a position of similar seniority, status, and pay.
Reservists are also entitled to continue their civilian health insurance coverage while on active duty, and may be eligible for other benefits, such as differential pay and retirement credit.
Pay and Benefits While on Military Orders
Military personnel who are called to active duty may be eligible for various forms of compensation, including basic pay, allowances, and special pay. They may also be entitled to benefits, such as health insurance, retirement credit, and education assistance.
In addition, some employers may provide differential pay or other benefits to employees who are called to active duty, to help offset the loss of income or benefits.
Job Protection and Reemployment Rights
USERRA provides strong job protections for military personnel who are called to active duty. Employers are prohibited from discriminating against employees who are absent from work due to military service, and must reemploy them in the same position they held before their military service.
Military personnel who are reemployed after their military service is completed are also entitled to reinstatement of their seniority, status, and pay, as well as any benefits they would have received if they had not been absent from work.
Frequently Asked Questions
Can I work part-time while on active duty?
It depends on the circumstances. Military personnel may be allowed to work part-time, but only with approval from their commanding officer and if it does not interfere with their military duties.
Do I have to tell my employer about my military orders?
Yes, you are required to provide your employer with advance notice of your military service, unless it is impossible or unreasonable to do so.
Will I lose my job if I'm called to active duty?
No, USERRA prohibits employers from discriminating against employees who are absent from work due to military service, and requires them to reemploy you in the same position you held before your military service.
Can I collect unemployment benefits while on active duty?
It depends on the state and the circumstances. Some states allow military personnel to collect unemployment benefits while on active duty, but it's essential to check with your state's employment office to determine eligibility.
Do I have to pay back my employer for benefits received while on active duty?
It depends on the employer's policies and the circumstances. Some employers may require employees to repay benefits received while on active duty, but USERRA prohibits employers from requiring repayment of benefits that are mandated by law.
How long do I have to return to work after my military service is completed?
You must return to work within a reasonable time after your military service is completed, which is generally considered to be within 90 days.