Re-employment Rights
A person
who left a civilian job to enter active duty in the armed forces is entitled to return to the job after discharge or release
from active duty if they: 1. Gave advance notice of military service to the employer. 2. Did not
exceed five years cumulative absence from the civilian job (with some exceptions). 3. Submitted
a timely application for re-employment. 4. Did not receive a dishonorable or other punitive discharge.
The law
calls for a returning veteran to be placed in the job as if they had never left, including benefits based on seniority such
as pensions, pay increases and promotions. The law also prohibits discrimination in hiring, promotion or other advantages
of employment on the basis of military service. Veterans seeking re-employment should apply, verbally or
in writing, to the company’s hiring official and keep a record of their application. If problems arise, contact the
Department of Labor’s Veterans’ Employment and Training Service (VETS) in the state of the employer.
Federal
employees not properly re-employed may appeal directly to the Merit Systems Protection Board. Non-federal employees may file
complaints in U.S. District Court. Army Reserve Warrior and Family Assistance Center The Army Reserve Warrior and
Family Assistance Center (AR-WFAC) provides Army reserve soldiers, veterans, families, and units with a single source to resolve
situations related to medical issues and education on programs available to Army reserve soldiers. The center was established
in 2007 to ensure that reservists receive appropriate support under the Army Medical Action Plan. The center provides a sponsor
to each Army reserve soldier and family currently assigned to a Warrior Transition Unit, Community Based Health Care Organization,
or VA PolyTrauma center. The AR-WFAC also assists Army reserve commands at all echelons with the resolution
of medical and other issues and provides education on programs and benefits available to Army reserve soldiers.
National
Guard Transition Assistance Advisors The Transition Assistance Advisor (TAA) program places a National Guard/VA-trained
expert at each National Guard State Joint Forces Headquarters to act as an advocate for Guard members and their families within
the state. They also serve as an advisor on Veterans Affairs issues for the Family Programs and Joint Forces
Headquarters staffs. TAAs receive annual training by VA experts in health benefits for both Department
of Defense and Department of Veterans Affairs and help Guard members and their families access care at VA and TRICARE facilities
in their state or network. The TAA works with the State Director of Veterans Affairs and other state coalition partners to
integrate the delivery of VA and community services to Guard and Reserve veterans. You can reach your Transition Assistance
Advisor (TAA) through your state National Guard Joint Forces Headquarters.
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