Thread Options
#6383 - 11/07/01 08:38 PM SSCRA/Employment Protection
lroyer@e-duction.com Offline
New Poster
Joined: Nov 2001
Posts: 1
Blue Bell, PA, US
Found a blip on a Q&A page that mentioned that for Reserve and ANG service members, "the law requires the employer to hold their job open, it does not require the employer to continue to pay them during their absence." Q: I've read through the Articles of the SSCRA twice, but cannot find any reference to employment protection or security, and who (what branches & conditions or circumstances) would qualify for such protections. Can someone point me in the right direction? Further, while it is highly unlikely, an employer may elect to continue paying the service member during their absence/Active Duty tour; would this service member qualify for relief under the SSCRA, and all that it implies?
_________________________
L Royer

Return to Top
Lending to Servicemembers (SCRA, JWNDAA), War, Terrorism
#6384 - 11/08/01 04:58 AM Re: SSCRA/Employment Protection
Andy_Z Offline
10K Club
Andy_Z
Joined: Oct 2000
Posts: 27,216
On the Net
I am on the road and don't have the time to research the question, but I believe there is employment law separate from SSCRA protecting jobs. They have to get a comparable job at the same wage.

As to applicability of SSCRA if the employer continues to pay them plus they get active duty pay and benefits, it applies. Regardless of the income amounts, SSCRA protection is triggered if they ask for it. To terminate it early, you have to challenge it in court.

------------------
Andy Zavoina
Opinions stated are not necessarily that of my employer.

_________________________
AndyZ CRCM
My opinions are not necessarily my employers.
R+R-R=R+R
Rules and Regs minus Relationships equals Resentment and Rebellion. John Maxwell

Return to Top
#6385 - 11/08/01 01:18 PM Re: SSCRA/Employment Protection
Anonymous
Unregistered

There is a separate statute apart from SSCRA regarding re-employment rights of military members. It is the Uniformed Services Employment and Reemployment Rights Act (38 USC 4301-4333).

If I did this correctly, the link should be below.
http://www.access.gpo.gov/uscode/uscmain.html

I AM NOT ENGAGED IN PROVIDING LEGAL ADVICE AND THE VIEWS EXPRESSED ARE NOT THOSE OF MY EMPLOYER


Return to Top

Moderator:  Andy_Z