What Rights Do I Have in the Workplace if I am a Member of the Uniformed Services? By on August 26, 2015

If you have ever applied to, currently serve, or have served in, the United States Military, you are entitled to protections in the workplace under the Uniformed Services Employment and Reemployment Act. These rights include job protection, freedom from discrimination, and continuation of insurance benefits.

If you leave your job to join the military, you are entitled to be reemployed in your former position or one of equal statute, as if you had never been absent, provided that you do the following:

  • Provide advance notice to your employer that you are leaving to serve in the military;
  • Serve in the military for five years or less while with the employer;
  • Return to work or apply for reemployment in a timely manner, unless impossible or unreasonable; and
  • Receive an honorable discharge.
In addition to the right to reemployment, you may not be discriminated or retaliated against for any of the following reason:
  • Being a past or present uniformed service member;
  • Having applied to join the military; or
  • Being obligated to serve in the military.
In the case of an obligation to serve, an employer may not deny you initial employment, reemployment, or continuation of employment because of your obligation to serve. In addition to reemployment, if you leave your job to serve, your health insurance must be maintained as if you were still working. If your absence is 30 days or less, your employer must pay for the coverage on the same terms as it would have had you been working. If your absence exceeds 30 days, then you may be required to pay the entire insurance premium.

If you have served in the military and been denied job benefits by your current or a prospective employer, you can count on the lawyers at Tipp & Buley to represent you vigorously. Call us today at 406-549-5186 to make an appointment, or reach us online to set up a one-on-one consultation.



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