Just a few years ago, the military deployment of an employee was a non-issue, but today, with increasing American military troops in Iraq, Afghanistan, and other places, all small business owners should be prepared for handling the situation of an employee who joins the military, or is called up on active duty from the Reserves. Make no mistake – there are laws that govern employers whose employees are deployed – but these regulations are only one of the factors on which you should base your company’s employee deployment policy. The top three things to know about handling the military deployment of an employee:
1) Design your policy on handling employee military deployment – and put that policy in writing – before you need it.
2) Know and obey the laws governing this issue.
3) Handle each employee’s deployment in the same consistent and fair manner.
Action Steps
The best contacts and resources to help you get it done
Obey all laws
According to the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are obligated to allow employees time off to serve in the military, and are required to give that employee back that same position upon his/her return from service. The USERRA also details everything from the deployed employee’s health insurance to the time limits on reemployment eligibility.
I recommend: Visit
National Federation of Independent Business (NFIB) for a concise explanation of your obligations under the USERRA. The
U.S. Department of Labor (DOL) Veterans’ Employment and Training Service [PDF Link] supplies the notice employers are required to provide to their employees under the USERRA.
Design your employee military deployment policy
Employees are allowed to either use their vacation time/personal days off for service, or they can choose to take an unpaid leave of absence. While employers are not required to pay an employee who is absent to serve in the military, others opt to continue the pay. However, if your company policy is to pay employees during military service absences, then you ARE required to honor that policy.
I recommend: Visit the
Employer Support of the Guard and Reserve (ESGR) and click on links to learn more about the ESGR, to order USERRA posters, to sign and display a Statement of Support at your business place, or to read their free
Employer Resource Guide [PDF link] for a wealth of information about managing employees who are members of the National Guard and Reserve. Once you’ve gotten a handle on the laws and issues, go to the
Service Corps of Retired Executives (SCORE) to find an expert to help you write the policy.
Apply for an assistance loan if your deployed employee is “essential”
The United States Small Business Administration (SBA) realizes that small businesses depend on every employee to keep the business running efficiently and productively. If one of your “essential” employees – your second-in-command, for example – has just been deployed, you may qualify for the Military Reservist Economic Injury Disaster Loan program (MREIDL). The MREIDL provides funds to eligible small businesses to meet its ordinary and necessary operating expenses that it could have met, but is unable to meet, because an essential employee was "called-up" to active duty in their role as a military reservist.
I recommend: Visit the SBA’s
MREIDL page to learn more about the loan requirements, limits, and other specifics; links at the bottom of the page lead to more details, and the application itself. For general info about military employees, check out the
SBA’s Veteran’s Small Business Resource Guide.
Tips & Tactics
Helpful advice for making the most of this Guide
- Offer military employees opportunities to grow in their jobs by enhancing the training they’ve already received in the military – and giving them added responsibilities.
- Remember that you have an obligation to offer the same benefits to employees who are absent for military service as you do to those employees who are on other (non-military) leaves of absence.
- Take the time to get to know your military employee’s military commanders and ask them to provide you with the employee’s annual schedule of military duties (those that are known in advance) so you can work out any time conflicts well in advance.
- Do not, through your policies or your attitudes, punish or discriminate against an employee due to his military service. If there are any conflicts, resolve them as quickly and fairly as possible.
- Encourage your other employees to support your military employee’s service and dedication to the country – the best way to do this is to model by example your OWN support.
- Hire interim workers to take your military employee’s place during his deployment – this is legal, as long as you give that employee his job back once he returns from service.
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