Law protects service members' civilian jobs while deployed

A couple of weeks ago, we discussed a new Illinois law and existing federal law for federal employees that require certain employers to allow employees time off without penalties of wages, promotions or benefits in order to serve on juries. Today's question is: Are civilian employees who are in the National Guard or reserves and get deployed protected from losing their jobs, promotion availability and/or benefits during that deployment? Yes, sir. This is the issue in a lawsuit recently filed in a federal court in Southern Illinois by an Army National Guard pilot who sued United Airlines for allegedly violating his federal rights as a service member after he was denied legally protected family leave and disenfranchised from promotional opportunities and accrued retirement benefits. The Uniformed Services Employment and Reemployment Rights Act of 1994 gives protection to the jobs and benefits of individuals who leave civilian employment to serve in the military, ensuring they can return to their employment without penalty. It applies to all public and private employers, even those with only one employee. Employers cannot deny initial employment, re-employment, retention, promotion or any employment benefits based on past, present or future military service. And employers are prohibited from retaliating against anyone who files a complaint or testifies or assists in an investigation. Military members are entitled to return to their civilian jobs after military absence if: 1. They held a civilian job before leaving. 2. They gave advance written or verbal notice of the military service to the employer. 3. Their cumulative military service while employed by that employer does not exceed five years (with key exceptions for emergencies or involuntary service). 4. They are released from service under 'honorable' or conditions other than dishonorable. 5. They reported back to work or applied for re-employment within strict, mandated timelines based on the length of service. Those timelines to return are: 1. For one to 30 days of service, you must report back to work on the next scheduled workday after safe travel and 8 hours of rest. 2. For 31 to 180 days of service, you must report back to work within 14 days. 3. For more than 180 days of service, you must report back within 90 days. What is protected? Returning employees must be placed in the position they would've gotten had they remained continuously employed, rather than the one they left. This includes the same status, seniority, pay rates and seniority-based raises and promotions they missed during service. If they wish, service members can continue their employer-sponsored health insurance up to 24 months while on military leave. Upon re-employment, health coverage must be immediately restored without waiting periods or pre-existing conditions. The time of military service is counted as continuous employee service with the employer for pension-vesting and benefit-accrual purposes. What happens if the employee suffers a service-related disability? Employers must make reasonable modifications to accommodate a service member who returns with a temporary or permanent service-related disability. And they must provide training or retraining to help the employee qualify for the position if the disability limits their capabilities. Illinois has its own law that incorporates the federal one as a base of rights but expands those rights, which the federal law allows states to do. Illinois provides the definition of military service to include state active duty, certain federally recognized auxiliaries during emergencies, and the Illinois National Guard. Illinois law includes specific provisions like the Family Military Leave Act (unpaid leave for family members) and specialized paid-leave provisions for things like military funeral honors detail. We shall see if a jury is united in favor of the service member's claim against United Airlines. One of its mottos is 'Fly the Friendly Skies.' In the employee's claim, the skies of his employment have not been so friendly.