Armed Forces Reservists
jcrouch 1 Post
USERRA does not make it plain how to handle the leave of an employee who volunteers for the reserves and has orders to report to initial training (boot camp). Would they receive the same treatment as someone called to active duty? Or, would it be comparable to treatment of a reservist attending regular drill?
[CENTER][B]Uniformed Services Employment and Reemployment Rights Act (USERRA) [/B]
[URL="http://www.dol.gov/vets/usc/vpl/usc38.htm"][B](38 USC §§4301 through 4335)[/B][/URL][I]([URL]http://www.dol.gov/vets/usc/vpl/usc38.htm[/URL])[/I][/CENTER]
[B]Who is Covered[/B]
[I]The Uniformed Services Employment and Reemployment Rights Act (USERRA) is administered by the Veterans’ Employment and Training Service (VETS). USERRA applies to persons who perform duty, voluntarily or involuntarily, in the "uniformed services," which include the Army, Navy, Marine Corps, Air Force, Coast Guard, and Public Health Service commissioned corps, as well as the reserve components of each of these services. Federal training or service in the Army National Guard and Air National Guard also gives rise to rights under USERRA. In addition, under the Public Health Security and Bioterrorism Response Act of 2002, certain disaster response work (and authorized training for such work) is considered "service in the uniformed services." [/I]
[I]Uniformed service includes active duty, active duty for training, inactive duty training (such as drills), initial active duty training, and funeral honors duty performed by National Guard and reserve members, as well as the period for which a person is absent from a position of employment for the purpose of an examination to determine fitness to perform any such duty.[/I]
[I]USERRA covers nearly all employees, including part-time and probationary employees. USERRA applies to virtually all U.S. employers, regardless of size. [/I]
My husband was in the Army National Guard for many years, and I think his boot camp fell under the definition of "initial active duty training". If I remember correctly, his two-week annual training was also considered active duty, although his monthly weekend drills were considered inactive duty training. Either way, though, both inactive and active duty is covered.
Your first post! Welcome to the Forum. :welcome: