When Workers Return From Active Duty Have some of your employees been called to active military service, inactive duty training or full-time National Guard duty? If so, do you know what your obligations are under the Uniformed Services Employment & Re-employment Rights Act? In a nutshell, if honorably discharged service members, reservists and National Guard members notify you of service and apply for re-employment, you are required to give them their old jobs back, plus: o All general across-the-board pay raises granted while they were gone, o If health benefits would otherwise terminate when they left, the opportunity to elect continuing health benefits for up to 18 months after their absences began (or for the period of service, whichever is shorter) for premiums not exceeding 102% of full premiums, and reinstatement of coverage without waiting periods or preexisting-conditions exclusions on their return, other than any that would have applied without the absence, and o Some pension benefits. But you don’t have to reemploy a worker if you can prove that: o Under your company’s current situation, re-employment now is impossible or unreasonable, such as you have closed a plant where an employee formerly worked, o The initial employment was for a brief, nonrecurring period not reasonably expected to continue indefinitely or for a significant period, such as, for example, if you hired extra workers only for the holiday shopping rush, or o The employee was disabled during service and is no longer qualified to resume his or her previous job even with reasonable accommodation, and additional training or effort would impose undue hardship on your company. Contact | Legal Disclaimer