Love793 said:
That law only really protects people whom are truly gainfully employed full time. A lot of Guard and Reserve guys have a hell of a time trying to find full time employment on civie street. Especially now, when they're being rotated and called up so often.
During my time here in Afgh I have made a point of trying to hear what ARNG and USAR guys have to say about these laws, because as COS of a Res CBG I am of two minds on the issue. On the one hand, I can see that the op effectiveness and training continuity of our Army Res could be given a huge boost by job protection legislation. On the other hand, I have heard enough stories here to realize that there is a downside to it. Even in a country as patriotic and pro-military as the US is, employers (especially smaller employers) will only put up with so much. A few comments I have gathered:
a) most employers do cooperate, even if grudgingly, and the majority of ARNG/USAR folks seem to be doing OK (IMHO);
b) some employers definitely have low tolerance for extended absences caused by Res duty, and some of these will resort to "covert" pressure tactics in order to avoid the applicable laws;
c) things are getting worse for some Res pers because of the increasing number and lengths of call-ups. I have heard several times that there will be a spike in Res attrition due to this issue (and job-related pressures);
d) some states' ARNG Bureaus are reluctant to use the law against employers-they prefer willing cooperation and to work things out much as our CFLC does for our Res. The thinking here is that if an employer is "forced" to put up with a Res employee, he may begn to look for ways to get rid of him;
e) the USAR permits employers to ask why a soldier is on full time service. Just because he is on full time service is not necessarily a guarantee of protection: it seems to depend on WHY he is on FTS;
f) some ARNG are experiencing attrition and recruiting difficulties already. I spoke to NCOs in one battalion who told me that their state had to mobilize an entire Bde to get a battalion's worth of soldiers. I was told that part of this was due to the heavy drain of OEF, but that a significant part was due to retention problems in the units;
g) the Chief of the USAR has expressed concern that continued heavy demands on the USAR (and, by extension, the ARNG) will distort the demographic of who actually joins the Res. His fear (apparently) is that if the Res is called up too much, the "solid working man" will no longer be attracted to Res duty and the Res will become the premise of the semi-employed (or semi-employable);
h) employers may not dismiss a Res employee directly because of Res duty, and they must offer the same job back on return. However, there is a loophole that permits employers to "restructure" such that the job actually disappears. I do not know if this has been used by any employer, but a few people have mentioned it to me; and
i) despite all the talk of "One Army" and the very heavy use of Res, my impression is the gap between Active Army and Res resembles our own Army about a decade ago. There does not seem to be too much love between the two: even less than in our system. Perhaps te increased empl of Res will have the same effect on the US Army that it had on us: a reduction of the barrier between the two components.
Cheers.