Employee on Deployment

Titilayo Akodu

When an employee is deployed for service for about two years, is the employer obligated to pay the employee and also protect his job?

How long is the employer required to hold the position?
Should employer continue to pay the salary? If so, for how long?

Please advice.

Neferlaw

You should probably read the new statutes on military leave (abbreviated USERRA). The citation is 38 U.S.C. Sec. 4301-4326. The laws are very specific concerning the service person's job benefits when they return. You are required to place them in the job they would have attained (ie if they had been promoted) unless they can't be trained for that job, and then in the same position they were employed when they left. To be entitled to the re-employment rights, they must return to work within 90 days of their release from service if they serve more than 180 days. There are benefits issues too. I would seek the advice of an employment lawyer. You can also go to the DOL website and go through its Q & A section on this law. You don't have to pay them while they are gone.

System

Here's an HRhero.com article on USERRA:

[url]http://www.hrhero.com/national/tragedy-military.shtml[/url]

Hope it helps!

Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]