Rights of Reservists Called to Active Duty

The conflict in Kosovo has resulted in many reservists being called to active duty. A lot of employers are uncertain about their obligations to employees who are reservists or members of the National Guard. Employers last focused on this issue in 1991, when thousands of reservists were called to active duty during the Gulf War.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) governs the rights of the employees serving in the reserves. Many changes were made to the regulations when USERRA was passed in 1994 and revised in 1996. For more information about the Act and your responsibilities as an employer, contact the State office of the Veterans' Employment and Training Service at (360) 438-4600, or go to their Web site.

Continuation of Health Benefits. The most immediate question for employers is whether or not there is an obligation to continue health benefits while the reservist is on active duty. Under USERRA, individuals performing military duty of more than 30 days may elect to continue employer-sponsored health care for up to 18 months; however, they may be required to pay up to 102 percent of the full premium. For military service of less than 31 days, health care coverage is provided as if the service member had remained employed.

On return from service, health insurance coverage must be reinstated without any waiting period or exclusions for pre-existing conditions, other than waiting periods or exclusions that would have applied even if there had been no absence for uniformed service. Cities insured by the AWC Benefit Trust can call Bev Lakey at (360) 753-4137 for guidance and additional information.