What Does the Law Say About Employer Obligation to Pay Military Reservists?

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    Law

    • Members of the reserve are covered by the the Uniformed Services Employment and Reemployment Rights Act (USERRA). This law protects them from discrimination, job loss and pay cuts in the event that they are asked to fulfill a military obligation and are required to leave their jobs.

    Function

    • USERRA does not require employers to pay employees while they are on military orders. It does protect their jobs and, provided the soldiers give notice and fulfill all obligations, guarantees that they will have a paycheck once they return home. It also protects employer-granted benefits to ensure that soldiers do not lose their pensions or health insurance while deployed.

    Features

    • The USERRA not only protects the jobs of reservists, but their promotions as well. The law stipulates that, upon returning from service, reservists will be reinstated to a position that would equal where they would have been had they remained with the company. Known as "the escalator principle," this can result in reservists receiving a pay raise upon returning from duty.

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