USERRA & New Employee Nevada

[kmgm]

We have a new employee, less than 90 days, who has informed us that he wants to join the National Guard. He has a wife and child and they live in Company housing on our property. His wife does not work for us yet. I'm confused about this law and don't know if we have to hold his job for him since he isn't already in the service. Do we have to let his wife and child live here until he comes back? Under other circumstances, if an employee leaves, the family must leave also.

[ScottB]

You can't fire or otherwise discriminate against him BECAUSE he is considering joining the service.

If he does join and is gone on military leave (for up to five years, sometimes more), you must restore him to the same position he had before he left. plus there may be "escalator" provisions that would kick in (such as automatic pay increases based upon seniority).

Interesting question about the housing. Try calling Employer Support of the Guard and Reserve (http://www.esgr.org/).

ESGR has Ombudsman representatives from 8 a.m. to 5 p.m., M-F at 1-800-336-4590 to assist Employers or Military Members with employment issues and the law.