Called to Active Duty – How should we proceed?

September 3, 2013

Q: One of our employees is in the Army Reserves. She was called to active duty recently; how should we proceed?

A: Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), when a member of the National Guard is called for active duty, the employer is required to provide the employee with an unpaid leave of absence for up to five (5) years.  However, for exempt employees, the company must ensure they are paid for any week in which the employee performs any amount of company work without interruption in pay.  (This is a requirement under the Fair Labor Standards Act (FLSA) that applies to military service leave.)