Do employers have to pay for National Guard?

Generally, only public employers are required to pay for any part of military leave. Private employers may grant annual leave with or without pay and may pay for all or part of the leave. In the case of active duty leave, the employer may adopt a policy of paying the difference between civilian pay and military pay.

Do I have to quit my job to join the National Guard?

You don’t have to quit your current job. You will, however, be required to attend 13 – 30 weeks of initial entry training. Your employer cannot fire you after your probation period for joining the National Guard. There are federal laws that protect you with anything job related.

What to do if your employee is in the National Guard?

If you have an employee who is a member of the Reserve or National Guard, at some point in time he or she will take a leave from work for military training or deployment. To help you consider how to proceed during this time, read our handout on Planning for Military Leave for Employees in the Reserve and National Guard (Handout).

Can a National Guard member be discriminated against?

Are not discriminated against in employment based on past, present or future military service. An employer cannot discriminate against you for being a National Guard member.

Can a part time National Guard employee be self employed?

regardless of the size of their business. It protects part-time positions, unless the employment is for a brief, non-recurring period and is not expected to last indefinitely or for a significant period. USERRA does not protect independent contractors and others considered to be self-employed.

Can a private security guard work in a public building?

Public buildings, including those controlled by state and local governments, may also hire security guards rather than rely on sworn law enforcement officers who could instead be put to work patrolling the community. Private security guards may work steady shifts or according to the needs of their employer.

Can a company discriminate against a National Guard member?

Members of the state National Guard or militia called to active duty by the governor have the same leave and reinstatement rights and benefits guaranteed under USERRA. Employers may not discriminate against employees because of their connection or service with state National Guard or militia.

What are the Employment Rights of the National Guard?

Law 103-353, The Uniformed Services Employment and Reemployment Rights Act (USERRA), Chapter 43 of Title 38, U.S. code. USERRAdefines the employment and reemployment rights of all uniformed service members; the law is administered and enforced by the Department of Labor Ve terans’ Employment and Training Service (DoL/VETS).

Why are employees called to guard and reserve?

At the center of every business is perhaps its greatest asset: employees. The contributions provided by each member are essential to keeping your company afloat. And some of the most dedicated members of your team also serve as Guard and Reserve members.