MIA Military employee

Squishypig

[font size="1" color="#FF0000"]LAST EDITED ON 05-06-02 AT 09:39AM (CST)[/font][p]We had an employee (A) who was called to duty for the September 11th attacks. Employee B was in the same unit as A. Employee B returned back to work within the time allowed for re-employment and is currently working. He has no idea where employee A is and we cannot get in touch with him.

My question is, if an employee does not return within the time frame for re-employment, can we terminate him after a good faith effort (certified letters, documented phone calls, etc) to locate him to find out what is going on? Could this be job abondonment? Our policy is that if you are a no call/no show, you will be terminated.

BTW- From a very brief research stint, Louisiana law seems to concur with federal law.

Don D

It's my understanding that the veteran does not automatically forfeit his or her right to reemployment, but will be "subject to the conduct rules, established policy, and general practices of the employer with respect to discipline for absence from scheduled work". There are mandatory time frames for reporting to work that vary with different service time-lengths. Here's a number that may be helpful: National Committee for Employer Support of the Guard and Reserve 800-336-4590. They will not only explain your obligations and those of the veteran; but, will also mail or fax you commonly asked questions and the corresponding policies.

Down_the_Middle

squishypig:
I just did the same thing with a reservist who failed to show-up as you've mentioned. We ultimately discharged the individual, they eventually surfaced, complaining that they needed addt'l transport time (>3 weeks). Our discharge was upheld and life has moved on. LA law does mirror the federal statutes.

Roberta

Did you get a copy of his/her orders? We require a copy prior to authorizing any military leave, unless the employee chooses to use his vacation time to cover, such as two-week training in the summer. We currently have an employee whose orders are for one year.(I read the copy.) Although we are in the process of replacing his position, we certainly plan to reinstate him next year if he returns for employment. We have another employee who was called on September 11 with open-ended orders. In September of this year, we will have to make a decision on whether to reinstate, if and when he does return. His position was also filled, but we usually have positions available for someone with his qualifications.

The nice thing about that copy of orders, there is usually a phone number for questions. While the military may not give you specific information, you should be able to find out if your employee is still active.

Squishypig

No, I do not have a copy of the orders. I just started working here beginning this year and unfortunately, the person before me did not do a lot of documentation. I contacted the number that Don D provided (thank you!) and they really talked me through what I need to do.

I am going to contact his unit and find out if and when he was discharged. I will then use that date to calculate how long he has to re-apply. If I still have not heard from him by the reapplication date, I will make a good faith effort to contact him by phone and send a certified letter informing him of his duties to report back to work if he intends to. If he still has not reported back to work, I then go by our company's policy which would be that he has abandoned his job and I will terminate him at that point.

I am also developing a form that will help me cover my bases for employer responsibility concerning military leave.