Federal Act Provides Job Protection to Guard Members and Reservists Called to Serve

Labor attorney with Bernstein, Shur, Sawyer & Nelson says employers wise to know 1994 law

As the prospect of war looms with Iraq, an attorney with a major statewide law firm says Maine employers would be wise to revisit a federal law that provides employment protection to men and women who leave their private-sector jobs to serve in any branch of the armed forces or public health service.

Joe Hahn of Bernstein, Shur, Sawyer & Nelson, one of northern New England's largest law firms, says the 1994 Uniform Employment and Reemployment Act ensures job protection for up to five years to men and women who are called to serve in the U.S. Army, Navy, Marine Corps, Air Force and Coast Guard, as well as the various reserves and national guards and the Public Health Service.

"The law covers all uniformed service men and women and applies to all employers, both in Maine and nationwide, regardless of the number of employees they have," said Hahn, an employment law attorney with Bernstein, Shur and chair of the firm's Employment Law Group. "The only exception is temporary employees."

Hahn advises employers to familiarize themselves with the law, since it sometimes is difficult to know in advance whether their workers have military commitments.

"Often, the first time an employer hears about this is when employees come to tell you they must report for duty or go away for several months," Hahn said.

In fact, employees are not required to inform their employers in advance of the involvement in the service, Hahn added. They are required, however, to give written notice that they are leaving, unless dispatched so quickly they are unable to provide the information.

Maine has more than 6,000 men and women in the National Guard and Reserve, many of whom are employed. Since December 2002, almost 1,000 Maine employees have been called to active service in response to the current crisis. Hahn says that about 36,000 Maine employers are affected by the law, but that many are not aware of its implications, which can include government pressure or litigation. "Anyone leaving from military duty should be treated as if they never left," he said.

Moreover, Hahn said employees must receive any promotion they would have received if they had remained on the job. And if they return injured, they are entitled to substantial protections. "Unlike the Americans With Disabilities Act, this law applies to every employer in Maine, even those who have only one employee," Hahn said. "An employer is excused only if business circumstances have changed so dramatically that the service person would not have had a job if they'd stayed, or if hiring the returning employee would cause undue hardship on the business."

A former Marine pilot, Hahn has extensive labor litigation experience before the National Labor Relations Board, the Federal Labor Relations Board, the EEOC and all state and federal agencies. He is a resident of Freeport.

Bernstein, Shur, Sawyer & Nelson is one of northern New England's largest law firms with more than 70 attorneys in offices in Portland and Augusta, Maine and Manchester, New Hampshire. The firm provides legal services in all major subject areas, including corporate and commercial law, litigation and trials, municipal and governmental affairs, education law, employment law, and tax and estate planning. Bernstein, Shur also has an active practice in bankruptcy, health law, environmental law, technology and commerce, legislative law, intellectual property, public utilities and other regulated industries. For more information, visit the Bernstein, Shur web site at www.bssn.com.

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