| Service in the U.S. Armed Forces is considered to be | | | | The law states that employers must allow person's |
| an honorable duty that often requires ordinary | | | | with written military orders to leave their positions |
| citizens to volunteer to support their country in a | | | | for any length of time required by the government |
| time of need. People from civilian professions often | | | | without question. The employee's sick time and |
| sign up for the military reserves, knowing that they | | | | vacation time is protected as well, meaning the |
| may be required to leave their positions of | | | | business cannot legally "dock" earned vacation time |
| employment to serve their nation in a time of war. | | | | for the absence from work. |
| Fortunately, the law protects a reservist position at | | | | The employer is allowed to fill the absent worker's |
| work if they are called into active duty. | | | | position with contract labor or a temporary |
| In times of peace, many military reservists may not | | | | employee, but must be prepared to give the job |
| be called into active duty, and may only be required | | | | back to the reservist upon return from duty. The |
| to commit to occasional weekend service for training | | | | military reservist must be re-hired at the same level |
| and other military duties. In times of war, however, | | | | or position that he or she was at before being called |
| reservists may receive orders from the government | | | | into action. Employers are also not allowed to |
| requiring them to report for active duty and service. | | | | discriminate against persons who are committed to |
| In recent years, U.S involvement in Iraq and | | | | the military reserves, despite the fact that they may |
| Afghanistan has required the activation of more than | | | | be forced to replace the person for a temporary |
| 10,000 civilians serving in the reserves. | | | | period during times of war. |
| If a person is called into active duty, he or she is | | | | If you have faced employment discrimination |
| required to report to the specified base for service. | | | | because of your position in the military reserves, or if |
| This commitment cannot be denied, and there are | | | | your employer has failed to meet the requirements |
| serious legal consequences for failure to report. | | | | outlined by the USERRA act, you may be able to |
| Fortunately, the Uniformed Services Employment and | | | | take legal action. If you would like to know more |
| Reemployment Act (USERRA) of 1994 was | | | | about the military reserves and employment law, visit |
| established to protect a person's employment | | | | the website of the San Antonio employment lawyers |
| position and status while he or she is away on | | | | of Melton & Kumler, LLP. |
| military duty. | | | | |