Posted on: Monday, March 17, 2003
Hawai'i employers reminded of rights of reserve troops
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Advertiser Staff
With the chances of America going to war with Iraq increasing, U.S. Attorney Edward Kubo has reminded Hawai'i employers that members of the National Guard and armed services reservists must be rehired in the same position if they return to work after being called to active duty.
They must be rehired at the same pay and with the same seniority, Kubo said.
Kubo said there are about 1.4 million National Guard and reservists in the Army, Navy, Air Force, Marine and Coast Guard reserves throughout the county, including about 12,000 who live in Hawai'i.
"Their duties are no longer considered to be a job consisting of one weekend a month and two weeks a year," Kubo said.
While National Guard troops and reservists can be an imposition on their employers and co-workers if called to active duty, the Uniformed Services Employment and Re-employment Rights Act makes it unlawful to deny initial employment to someone in the National Guard or reserves, to fail to re-employ them after their return from duty or to deny them a promotion or any other benefit because of their service to the county.
Kubo urged anyone with questions about their rights or responsibilities to call his office at 541-2850 to request a free pamphlet.
Kubo could not immediately say how many complaints his office has received about employers in Hawai'i or possible violations of the rights of National Guard members or military reservists in Hawai'i. But he said he knows of instances where some members have been made to take personal leave from their jobs to attend annual training sessions and said his office "will not stand for it."
