The Office of Special Counsel has called attention to a series of cases that underscore agency responsibilities under the Uniformed Services Employment and Reemployment Rights Act to employees who serve military duty.
The OSC enforces that law, which prohibits employment discrimination against federal workers who serve in the National Guard and Reserves, and requires their prompt reemployment in civilian jobs following service, along with the Hatch Act and whistleblower protections.
OSC said it recently negotiated a settlement in a case in which the Air Force eliminated a Reservist’s position during his deployment and refused to rehire him on his return; the Air Force agreed to pay him a year’s worth of salary and benefits. And in a case involving a DHS failure to rehire a returning employee promptly, causing him to have lower seniority and get less desirable shifts and work assignments, the department agreed to assign an earlier hiring date for seniority purposes.
Other cases resulted in retroactive payment of an award paid to all employees except one who was away on active duty and correction of an employee’s leave status that had been recorded as AWOL rather than as military leave while on active duty.
OSC said it also provides technical assistance to agencies regarding eligibility requirements under the law.