Military Leave and RIF

HR in Okla

We hired a person for a supervisory position, he worked less than a month and was called up for active duty with the National Guard not long after 9/11. He tried to work with us part-time while he was serving locally, but that wasn't really very productive. Then he was sent overseas for 6 months or so, now he's back in the US, but has active duty orders for another year. Meanwhile, we've had lots of budget cuts and belt tightening and have managed without his position. He commented to me when he dropped off his orders that it sounds like his job would have been eliminated if he'd been actively at work.

Actually, he's right. I'm thinking way ahead here, but what do we do when his military leave is up? We are supposed to return him to the same or equal position under the USERRA, but what if we can't afford the position and have eliminated it? Any suggestions?

Parabeagle

There is an out for employers who are facing changed circumstances regarding reinstatement after military leave. If the employer's circumstances have changed so much that reemployment is impossible or unreasonable (and you can back it up), reinstatement of the employee is not required.

I recommend checking the the ESGR (Employer Support of the Guard and Reserve) website for further information.

Hope this helps.

HR in Okla

Thanks so much!

Parabeagle

No problem. As a retired Reservist myself who got "the Call" during the Gulf war, I've got a little experience with this issue. Good luck and take care!

HR in Okla

My husband is a retired Army Reserve officer, so I'm very empathetic with these folks. We're just lucky that the worst duty he had was running a cattle feeding mission following a snow disaster!

I certainly want to do what is right for our employee.

Parabeagle

I was pretty fortunate myself and was just kind of sent here and there around the States for a year and a half. Got to know the South REALLY well!!!

Don D

Ahem!! Watch that. (Don in the South)

Parabeagle

Now, Don! Don't misunderstand -- I actually liked the South. In fact, I'm headed for Alabama for a week in January on business and looking forward to it. But as a lifelong Yankee, and active duty having been my first exposure to the South, I was impressed beyond understanding at the polite, friendly way they treat strangers just about ANYWHERE, from Mississippi to Florida!

But the humidity can DEFINITELY be a drag!

Don D

If you'da hollered early on, most anybody would'a supplied you with a shade tree, a bottle of ice'd sugar-tea, a hammock and a straw sun-hat. The key to living in Mississippi is just to slow down a bit, realize the humidity is a fact of life, fan yourself plenty and thank the Lord you're in The South but ain't in Arkansas.

HR in Okla

This conversation is definitely off track. We Okies consider ourselves Southerners too, at least those of us from Southern Okla. We'll give you sweet tea and a chair on the porch and friendly greetings too, but with slightly lower humidity.

We'll even invite you into the cellar when the tornado is coming.

Parabeagle

See what I mean??? Southern hospitality! A little chilly up North here for sweet tea, though.

And the straw sunhat probably would have helped, but I don't know if I could have made it fit over my Kevlar helmet.

Thanks for brightening my day, guys!

ritaanz

Then you would in for a real treat if you ever visit Arizona. The summers are hot but no humidity. Find yourself a piece of shade, some sunglasses, country music on the radio, what more can you ask for? I will not tell you how the rest of the year is. You might really come.

HR in Okla

We're planning a trip to Phoenix in mid-February. Just hope the travel conditions between Okla. City and there are good.