||Oracle Tips by Burleson
the Rights of Military Service
The Uniformed Services Employment and Reemployment
(USERRA) prohibits discrimination by
employers on the basis of military service. The definition of military
service in this context includes active duty, active duty for
training, inactive duty, voluntary or involuntary service, and time
off from work for duty fitness examinations. Services that are covered
by this Act include the Army, Navy, Air Force, Marines, National
Guard, Coast Guard, and commissioned corps of the Public Health
Service. The President of the United States may also designate
additional service groups during periods of national emergencies or
There are IT professionals who are members of
these services while also under employment. It is prohibited by
Federal law for employees to be terminated due to service call-up.
Employers should be aware that the USERRAextends military leave protections for
up to five years. Under USERRA, this leave is unpaid, although many
employers continue full pay or will compensate the difference between
military pay and the IT employee’s salary.
When employees return from military leave,
they must be reinstated in their job or a similar job, or reemployed
in a position that they would have attained while under continuous
employment, including promotions. Employers that must fill the
positions vacated during military leave may want to fill the positions
in the interim with temporary staff.
The above book excerpt is from:
Firing Computer Professionals
manager Guide for Terminating "With Cause"