What's Required

According to research done by Employer Support for the Guard and Reserve (www.esgr.org), the construction industry is one of the top 10 industry sectors employing guardsmen and reservists. Employers and reservist employees have certain obligations required by the federal Uniform Services Employment and Reemployment Rights Act (USERRA).

Employer Obligations:

  • Do not discriminate against members of the Guard or Reserve.
  • Give time off to guardsmen and reservists to perform military obligations.
  • Reemploy the reservist in the same position or a position of similar status; employees continue to accrue seniority while on active duty.
  • The employer does not have to provide pay or health benefits while the reservist is on active duty. Upon return the employee does not have to go through a vesting period for pension benefits, nor do they have to wait to sign up for health insurance.

Reservist Obligations

  • Provide notice of deployment to employer as soon as is practical.
  • Be honorably discharged.
  • Upon return, notify employer within 30 to 90 days.