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Respect the Rights of Military Service

The Uniformed Services Employment and Reemployment Rights Act  (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 wars. 

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:

You're Fired! Firing Computer Professionals

The IT manager Guide for Terminating "With Cause"

ISBN 0-9744486-4-8

Robert Papaj


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