Filling positions vacated by activated military

mrmillhr

We are a local government whose positions are created by ordinance; if we must replace a person who is activated--say a firefighter--what happens when the activated employee returns? Do we terminate the present employee to give the former firefighter back his job? I understand what the law requires for an activated individual but who looks after the rights of the person who "filled in'?

Theresa Gegen TX

If you know the vacancy is created by someone going to the military, the person who "fills in" should understand that their position is as a temporary fill in. (Just like anyone else who temporarily fills in for people on FMLA leave, etc.). The key is that the employee understand that they are hired in a spot to temporarily fill in.

Of course, you may want to encourage them to apply for any permanent spots that become vacant after they start. So if the employee is gone along time on military duty, you may be stuck with several different temporary fill ins.

Also, if you have a policy that says an employee will become "permanent" after X amount of days, you might want to amend the policy before you hire the fill in employees, to exempt them from becoming "permanent".

Good Luck!

System

If you can't cover the position with existing personnel, you should hire a replacement on a temporary basis. If the employee's military leave lasts 90 days or less, you have to give him his same job back. If more than 90 days, you can substitute a different job with the same pay, status, seniority, etc. Either way, the replacement will be out of a job unless another position opens up.

Here's an article on military leave:
[url]http://www.hrhero.com/national/nationalnews.shtml[/url]

James Sokolowski
Senior Editor
M. Lee Smith Publishers