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Information about the Rights of National Guard Members and Reservists
of the U.S. Armed Forces on Active Duty
Employment Rights
Private Sector Employees
The federal Uniform Services Employment and Reemployment Rights
Act (USERRA) provides National Guard members and reservists the
right to go back to their jobs after completing active service.
USERRA also prohibits employers from discriminating against service
members based on their military service. USERRA applies to all
employers, regardless of size. National Guard members and reservists
are entitled to return to the same job status, pay and benefits
as they had when they went on active duty. In addition, USERRA
states that military service cannot be considered a break in employment
for benefits, such as pensions and Family and Medical Leave.
Employers are not required to pay employees who are on a military
leave of absence, nor does USERRA require the employer to keep
paying for health insurance. Nonetheless, the service member may
continue existing health coverage (including for dependents) for
up to 24 months while in military service. Moreover, the service
member is entitled to immediate reinstatement of health insurance
(including for dependents) with no waiting period or no exclusion
for pre-existing conditions (other than military-related injuries).
To be eligible for these protections, a National Guard member
or reservist must take the following steps:
- Give
advance notice before leaving.
- Be on active duty
less than 5 years. (Injuries incurred in military service may
extend
this period for 2 years.)
- Not be dishonorably
discharged or separated under other than honorable conditions.
- Report
back to work in a timely manner after discharge. The time
for returning to work depends on how long the service member
was on active duty.
For more information:
- An ombudsman for
Employer Support of the Guard and Reserve is available to assist
employers and military members with employment
issues from 8 a.m. – 5 p.m., Monday – Friday at 1-800-336-4590.
- Contact
U.S. Department of Labor, 1-800-4-USA, or http://www.dol.gov/vets.
State Employees
In addition
to all rights provided under the federal Uniform Services Employment
and Reemployment Rights Act (USERRA),
Maryland
State employees who are members of the National Guard or reservists
have additional rights when activated for military duty. Employees
on active military duty may be put on Military Administrative Leave
and may receive the difference between the employee’s active
duty base salary paid by the federal government and the employee’s
base salary or direct wages. For more information, contact the
Maryland Department of Budget and Management, Office of Personnel
Services and Benefits, 410-767-1011, or 1-800-411-5123. The website
is www.dbm.maryland.gov.
Federal Employees
In addition
to all rights provided under the federal Uniform Services Employment
and Reemployment Rights Act (USERRA),
federal
government employees who are members of the National Guard or reservists
have additional rights when activated for military duty. A federal
employee who is a member of the National Guard or reserves is entitled
to 15 days of paid military leave each year for active duty, active
duty training, or inactive duty training. An employee on military
leave under this provision is entitled to full civilian salary.
In addition, employees who are called to service in support of
a “contingency operation” are entitled to 22 days of
military leave per year and can be paid the greater of the employee’s
military or civilian pay.
For more information, contact the U.S. Office of Personnel Management,
202-606-1800. The office also has a fact sheet on military leave
that can be viewed at www.opm.gov/oca/leave/html/MILITARY.ASP.
In addition, the U.S. Office of Special Counsel is available for
complaints about potential violations of USERRA rights at 202-254-3620,
or userra@osc.gov.
Civil Relief from Certain Obligations
The federal Service members Civil Relief Act (SCRA) provides
temporary suspension of legal proceedings and financial transactions
for individuals in active military service. The Act extends significant
protections, including:
Automatic Stay
of Legal Proceedings: The Act mandates an automatic
90 day stay of civil proceedings against a service member. The
service member must request the stay in writing and state that
due to military service, the individual is unable to appear. The
judge has discretion to grant a stay of more than 90 days. This
protection does not apply to criminal proceedings.
Interest Rate
Cap of 6 %. A service member is entitled to reduce the interest
rate to 6 % for any financial obligation,
such as
for credit cards, loans, mortgage (but not student loans), entered
into before active military service. Creditors must forgive the
interest above 6 %, not merely defer it. The service member must
give the creditor written notice and a copy of the service member’s
military orders in order to receive the reduced interest rate.
This notice must be given no later than 180 days after termination
or release from military service. The rate reduction is effective
as of the date the service member was called into service. Dependents
of the service member may be extended the protections as well if
they apply to a court and show that their ability to meet the debt
obligation has been materially affected by the service member’s
military service.
Right to Terminate
Real Property Lease. A service member who enters
a lease for $2,400 or less a month cannot be evicted without a
court order. In addition, a service member may terminate, without
penalty, leases and rental agreements entered enter before or during
military service under certain conditions. The service member must
be called into active service for at least 90 days.
Right to Terminate
Car Lease: A service member who is deployed
for more than 180 days may terminate an automobile lease. The service
member must provide written notice of the termination and return
the car within 15 days of the written notice.
Deferred Income
Tax Collection. Income tax due by a service member in active
duty may be deferred for a period
of time. Moreover,
a state or local government cannot use the military compensation
of a non-resident service member to increase the tax liability
imposed on other income earned by the service member or spouse
subject to taxation. For more information about the rules regarding
Maryland state taxation rules, contact the Maryland Comptroller’s
Office, 1-800-MD-TAXES, or http://individuals.marylandtaxes.com/publications/taxtips/personal/tip55.asp.
Protection Against
Insurance Cancellation. Professional, health
or life insurance companies cannot terminate a policy of a service
member who is unable to pay premiums due to active military service.
A service member may also suspend insurance policies while on active
duty.
For more information
about credit protections under the SCRA, contact the federal
Comptroller of the Currency’s
Compliance Division at 202-874-4428; or the Community and Consumer
Law Division,
202-874-5750.
Service members may
want to contact a U.S. Armed Forces Legal Assistance Office:
Fort Meade (Army), 301-677-9536
Fort Detrick (Army), 301-619-2221
Andrews (Air Force), 301-981-2042
USCG Yard (Coast Guard - Maintenance and Logistics Command Atlantic),
(757) 628 4192
Aberdeen Proving Ground (Army), 410-278-1583
Small Business Assistance
Maryland
has a program to provide financial support to small business
employers of and the businesses owned by activated
service
members. For more information, contact the Governor’s Office
of Business Advocacy and Small Business Assistance at 410-767-6300.
In addition, through its Disaster Business Loan program, the
U.S. Small Business Administration provides loans to businesses
needing help during a period that an essential employee is ordered
into active service. To apply, contact the SBA at 1-866-659-2999,
or disastercustomerservice@sba.gov.
Students
Students
who are in the National Guard are allowed to withdraw from any
public institution of higher education in
Maryland without
negative consequences if the student’s National Guard Unit
is activated and deployed. In addition, Maryland law mandates that
public institutions of higher education assist National Guard students
in completing their course requirements.
Maryland also has two scholarship programs for service members.
The first is the Edward T. Conroy Memorial Scholarship, which is
available for veterans and their family members. The second is
the Veterans of the Afghanistan and Iraq Conflict Scholarship,
which is available to returning veterans and active service members
who served in the Afghanistan and Iraq conflict.
For more information about the scholarship programs and for a
list of colleges and universities that offer tuition waivers to
service members, contact the Maryland Higher Education Commission,
410-260-4500, or 1-800-974-0203.
Voting
Service members and their spouses who are registered voters in
Maryland are entitled to vote by absentee ballot. An absentee ballot
application may be downloaded at www.elections.state.md.us. For
more information, contact the Maryland State Board of Elections
at 410-269-2840, 1-800-222-8683, or info@elections.state.md.us.
For more information about available benefits to service members,
contact the Maryland Department of Veteran Affairs, 410-260-3838,
1-866-793-1577,
or visit www.mdva.state.md.us.
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