Given the number of military reservists who are now leaving their jobs for active duty status, many people have questions about the job rights of National Guard and Reserve members. The Department of Labor has recently published a helpful “Frequently Asked Questions” or FAQ guide for Reservists Being Called to Active Duty. The guide covers a servicemember’s rights under USERRA, the Uniformed Services Employment and Reemployment Rights Act, which requires that the period of military duty be counted as covered service with the employer for eligibility, vesting and benefit accrual purposes. Activated reservists and their family members who need continued health insurance benefits are also covered by COBRA (the Consolidated Omnibus Budget Reconciliation Act) and HIPAA (the Health Insurance Portability and Accountability Act). Although these questions normally do not arise so often, they now have been brought to the forefront by the nationwide activation of military reservists, so this guide will help you brush up on the topic, whether you’re a reservist or family member with questions or a lawyer advising reservists.

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.