by Marshall Hanson, CAPT USNR (Ret), Director of Legislation
ROA was invited to Capitol Hill to try to fix a problem which threats the job security for veterans and Reserve Component members returning to work, but still needing military medical treatment.
Returning veterans are falling through a crack in the Uniformed Services Employment and Reemployment Rights Act (USERRA). Those injured or disabled National Guard and Reserve members who were separated from active duty, as well as individuals discharged who still need medical treatment are finding that they don’t have protection they need under current law.
Many Soldiers, Sailors, Airmen and Marines want to be sent home rather than kept on medical hold. So, they are promised medical care following discharge. The problem that arises is that they must take time away from employment to go to either a Military Medical Treatment Facility or the Veterans Administration. When civilian sick leave runs out, many employers threaten job security if the veterans continue to take time off for treatment. They aren’t covered by USERRA because they aren’t under military orders.
Representative Lloyd Doggett (D-Texas) received some reports about veterans in
ROA, the Enlisted Association of the National Guard of the
One of the challenges faced is finding individuals in this situation who have actually had their jobs threatened. The information that reached Rep. Doggett’s office was from sources that must remain anonymous. If ROA can put a face to the problem, Congress will listen.
See ROA Law Review number 168 that addresses this issue.