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Archived News Release--Caution: information may be out of date.

U.S. DEPARTMENT OF LABOR

VETS Press Release: Labor Department Enforces Law Guaranteeing Reservists Reemployment Rights after Active Duty in Balkans [04/27/1999]

For more information call: 202-219-8211

Thousands of reservists called up in support of NATO's Operation Allied Force in the Balkans are leaving their families and civilian jobs and preparing to go into harm's way to protect human rights far from home. They have to prepare for many things, but they won't have to worry about keeping their jobs back home. A law enforced by the U.S. Department of Labor makes sure that their civilian jobs will be waiting for them when they return.

The Uniformed Services Employment and Reemployment Rights Act provides that service members, reservists and National Guard members returning to civilian employment after a period of active duty must be reemployed in their same job or a similar one with the status, pay, and benefits they would have attained had they never been absent for military service. The law also protects pension rights and health benefits. It covers every employer in the country, regardless of size, in the public and private sectors.

"The men and women on freedom's watch, far from home and loved ones, deserve our admiration and support," said Secretary of Labor Alexis M. Herman. "I believe that the department has the responsibility to make every employer covered by this important law understand and voluntarily comply with it."

The reemployment rights law guarantees that veterans, reservists, and members of the National Guard will not suffer employment discrimination or be denied reemployment rights because of their military active duty or training obligations. The law covers all the uniformed services, including the Public Health Service. The law prohibits an employer from discriminating in employment or taking any adverse employment action against a person because of their past, present or future military obligations. The ban on discrimination is broad, extending to most areas of employment, including hiring, promotion, reemployment, termination and benefits.

Not all of the law's requirements fall on employers. To be guaranteed reemployment rights under the law, a person must have received an honorable discharge. An employer must be notified, orally or in writing, in advance of any military service unless time or national security prevents it. And a person must return to work within a specified time, depending on the duration of the absence. An employer may be excused from reemploying a returning service member if business circumstances have changed so much that it would be impossible or unreasonable to comply with the law.

The department's Veterans Employment and Training Service provides technical assistance to employers and reservists to help them understand their rights and responsibilities under the law. VETS staff are also charged with investigating complaints from reservists who believe that their rights have been violated.

To help employers, veterans, reservists and National Guard members better understand this complex law and their rights and responsibilities under it, VETS has developed an interactive computer program available on the Internet. By answering a series of yes or no questions, a person can learn about the most important aspects of the law. The Internet address for this program is http://www.dol.gov/dol/vets. In addition, VETS state directors and other trained staff are available to assist any employer, veteran, reservist or National Guard member. They can be found in the telephone directory under U.S. Government, Department of Labor.

Archived News Release--Caution: information may be out of date.