11/ 09/ 2007
by Beth Milito, NFIB Legal Foundation
What small businesses can do to protect veterans in their workplace
November 11 took on storied meaning when the armistice ending World War I went into effect on the 11th hour of the 11th day of the 11th month of 1918. In the words of President Wilson, November 11 has since been a day to reflect "with solemn pride on the heroism of those who died in the country's service and with gratitude for the victory, both because of the thing from which it has freed us and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of nations …"
Veterans Day, which continues to be observed Nov. 11, is dedicated to extraordinary Americans who have served with distinction to protect our country and millions around the globe from terrorism. On this celebrated day, NFIB and its members salute the men and women who are fighting for freedom around the world with unparalleled courage and sacrifice.
Kenny Crenshaw, president of Herbi-Systems in Bartlett, Tenn., says he's honored to employ a member of the Tennessee National Guard who recently returned from an 18-month deployment to Iraq. Crenshaw says that "while it was difficult to manage without the employee for 18 months, we juggled things around, and it all worked out." Crenshaw also notes that "the Army did a great job of keeping everyone informed about the deployment … we knew when he was leaving and when he was coming back, and that helped us to plan for his absence."
In addition to participating in patriotic activities in the community, small-business owners can demonstrate their support for veterans by accommodating employees who enter military service and by ensuring fair reemployment opportunities upon their return. The Uniformed Service Employment and Reemployment Rights Act of 1994, commonly referred to as USERRA, is the federal law that prohibits employment discrimination against an individual because of past, present or future uniformed service duty. The law covers all employers, regardless of the number of employees, and requires employers to do the following things:
- Reemploy returning service members: Employers must reinstate returning service members within two weeks after they apply for reemployment. In addition, service members maintain continued employment rights and are generally no longer considered at-will employees for the next year.
- Restore seniority: Returning service members must receive the same seniority, status, and pay they would have attained if they had remained continuously employed. For instance, an employer would be required to pay out a bonus if there is a reasonable certainty the employee would have received one had they been employed.
- Accommodate disabilities: An employee's disability incurred during military service does not impede the right to reinstatement at the same seniority, status and pay. Employers must make reasonable efforts to accommodate a disability if it limits the employee's ability to perform the job.
- Continue health insurance and retirement benefits: Employers must continue to provide regular health benefits for the first 30 days of the employees' absence; after 30 days, employers must provide COBRA-compliant coverage. On reemployment, the employee must be treated as not having a break in service for purposes of the employer's retirement plan.
- Notify employees: Employers must post a notice of USERRA rights where employee notices are customarily placed. A copy of the poster can be downloaded for free from the Department of Labor at www.dol.gov/vets/programs/userra/poster.htm.
Crenshaw said he was disappointed when he heard that some of the guardsman in his employee's unit encountered problems with their civilian jobs. Employers who understand their responsibilities under USERRA and then go the extra mile to support employees and their families in military service can avoid potential conflict and generate much goodwill.
So on this Veterans Day, make sure you are meeting your obligations as an employer of choice for the members of our armed forces and take a moment to thank America's veterans for their patriotism, love of country and willingness to serve and to defend our freedom.
