The Uniformed Services Employment and Reemployment Rights Act (USERRA) was originally enacted in October 1994 and significantly updated years that followed. It provides job protection and rights of reinstatement to employees who participate in the National Guard and Reserve. Also note that the National Committee for Employer Support of the Guard and Reserve (ESGR), an agency within the Office of the Assistant Secretary of Defense for Reserve Affairs, operates programs directed toward U.S. employers, employees and communities to ensure understanding of the role of Reserve component members. ESGR encourages development of employer policies and practices to facilitate employee participation in the Reserve components through a network of thousands of volunteers in multiple (over 50) local ESGR Committees.

Most Guard and Reserve members know about how serious their part time commitment turned out to be. “I signed up to serve my country,” says Staff Sergeant Jacob Nistrom. “Juggling that, family, a business and everything else before I shipped off made life more difficult for everyone even though I had great support through my unit and home. Communications in the military is the key and so is it with these issues.” Through his unit and through ESGR, Sergeant Nistrom avoided problems for him and his staff in a number of ways.

This issue has and will become critical for returning service personnel who seek re-employment and re-establishment in their respective fields. To avoid conflicts at work, follow the advice of Sergeant Nistrom – communicate.

Clearly delineate to your employer about your commitments as a member of the Reserve; don’t shy away from keeping them informed about your duties and commitments early on in the interview process if you are seeking a job. If you have a job keep your boss informed about changing obligations. Remind them and articulate to them in writing how your military and new experiences will allow you to add value to their organization. Use a resume writer or career coach to guide you in communicating this to your employer in writing. Many Guard and Reserve members obtain outstanding support through letters and communications during any long assignment. “That’s what made coming back so easy,” says Ellen James, 1st Lieutenant, after coming back from Iraq. “I got letters, cards and just unlimited support from home. It made tough times much easier to know my colleagues, friends and family thought of me all the time. I never wondered about their support.”

From a career coaching point of view, military people may not realize that their spare time holds immense transferable skills for their current employer. It also makes them more marketable for positions that require heavy communications, people skills, technology skills and just about any position where leadership matters. Leadership in any organization, community, company, non-profit or school makes a difference. If an employer asks you if you can handle multiple tasks under tough deadlines then you may have a lot to say. Be bold about your transferable skills and how your experiences have positively influenced you.

Here are some tips from USERRA and Career Pro:

National Guard, Reserve and their employers need to know the Federal law about employment and reemployment rights for Reserve component members. What does Federal law guarantee? It guarantees the right to take time off from work to attend to military responsibilities. Know Reserve reemployment rights, rules and obligations protected by the laws. These laws state, through USERRA, that an employer must  (1) Give you time off to perform military service,  (2) Reemploy you following the service with status, seniority and rate of pay as though you never left. The employer must not discriminate against you because of your military connection. Protections here apply to employees who are full-time, part-time, or probationary, so long as the employment is not brief, non-recurring, and not expected to continue for a significant period.

It serves reason to continue to communicate! Lieutenant James shared with her employer about drill schedules, annual training plans, reemployment rights and rules, and any extra time-off requirements. Another key for Lieutenant James: “I will say this – I was one of the top performers at my company. I just never took for granted that my employer wanted a producer. So in representing my country or representing a company, I felt my obligation is and was to perform to the best of my abilities.” That’s the right attitude.

Traditionally, Annual Training for non-deployed Guard and Reserve lasts two weeks. Let your company know about weekend drills and commitments of time or changes to these traditional Guard and Reserve schedules. Most Guard and Reserve members who we coach make up a Microsoft Word or calendar schedule for their employer so the employer knows what they need to know. Giving an employer lead-time and information about extra training will again promote communications.

Tours of duty that are not for training may include short active duty tours, exercises or special project work or years of active duty in the Active Guard Reserve (AGR) or similar programs. USERRA points out that prior notice of this type of duty must be given to your employer. In fact, most duty of this type is subject to a cumulative 5-year time limit after which the Guard or Reserve member no longer has reemployment rights under USERRA with the given employer. Remember this - when you have been activated involuntarily for a particular mission, your period of service will not count against the cumulative 5-year limit established under USERRA. For the most part, voluntary duty will also be exempt from the 5-year limit if it is in direct support of a contingency operation.

What if you miss work while you perform military service, is your employer obligated to reschedule you to make up the time lost. For this issue, They are not required to do so. However, if employees who miss work for nonmilitary reasons are afforded opportunities to make up the time lost, you must be treated in the same manner. You are not obligated to find a replacement person/worker for missed shifts as a condition of being given the time off by your employer to perform military service.

Click here to read Part II of this column.