What are the rights of an employee in the reserves?
Reservists are protected from discrimination of any kind, as it relates to the employee’s military service, by the Uniformed Services Employment and Re-Employment Rights Act (USERRA). A reservist who is called to duty must provide you with advance notice of their orders, either in writing or verbally, unless it is military necessity and requires immediate deployment. Your company can request that the reservist’s duty be deferred but the military authorities will have the final decision. Upon return from service, you must reinstate the reservist’s employment. Questions pertaining to reservist’s rights can be posed to the National Committee for Employee Support of the Guard and Reserve (ESGR) at (800) 36-4590 or www.esgr.org.