Know your obligations to employees on military leave

Most HR professionals are aware that under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and similar state laws, they have to provide military leave for employees with military service obligations, such as those who serve in the National Guard and military reserves, and reemploy them when the duty is over. What often isn’t as clear is what obligations employers have while their employees are on military leave.

USERRA far broader than most employment laws

The first thing to be aware of is that USERRA may apply to you even if you have too few employees to be covered by other employment laws. Under USERRA, an “employer” is defined as “any person, institution, organization, or other entity that pays salary or wages for work performed, or that has control over employment opportunities.” Unlike with other federal employment laws, such as the Family and Medical Leave Act (FMLA), there are no exceptions based on the size of the employer or the number of employees employed.

An “employee” is defined as “any person employed by an employer.” USERRA’s protections apply to all positions, including those that are for a brief, nonrecurrent period and for which there is no reasonable expectation it will continue indefinitely or for a significant period.