| Issue: |
After Rick, a warehouse worker, asked if there was any way he could be moved up the wait list to join the Army reserves, you found out that his supervisor, Travis, implemented a department rule requiring employees to get permission before joining the Armed Forces reserves or National Guard. Travis came up with the rule so that he can restrict how many employees are out on military leave at one time. He has limited that number to 10, and everyone else is put on a wait list. May an employer have such a rule?
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Answer: |
No. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are not allowed to control employee participation in the Armed Forces reserves or National Guard. An employer may not place a quota on the number of employees eligible to serve as active duty reservists at any one time. Further, an employer may not restrict the number of employees that it permits to enlist in the Armed Forces reserves or National Guard at any one time. Thus, Travis’ rule requiring employees to get permission to join the reserves or National Guard, and his wait list, are in direct conflict with federal law.
Source: CCH When Duty Calls; Military Leave and Veterans’ Rights
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