Trainman News

Check on Your Reemployment Rights: Tobin

WASHINGTON--If an employee is about to enter military service, he should take all steps possible to insure his eligibility for reemployment rights -upon release from active service.

So advised Labor Secretary Maurice J. Tobin, under whose department is the Bureau of Veterans' Reemployment Rights.

Altho the law does not require employees to give employers any "particular form of notice" that they are leaving to enter military service, Tobin said, it's desirable that such notice be given in writing and that inquiry be made as to the employer's policy with regard to placing persons on military leave.

Persons entering the armed forces are eligible for reemployment rights only if they fulfill all the conditions required by law and it is essential, Labor Secretary Tobin added, that they be familiar with these conditions.

The fact that entrance into military service is voluntary does not prevent the person from having the right to reclaim his old job.

Here Are Requirements

According to Tobin, reemployment rights laws now in effect require that to obtain reemployment benefits a person must:

• Leave a position other than temporary in the employ of a private employer or the U. S. Government for the purpose of entering upon active duty in the armed forces of the United States.

• Satisfactorily complete his military service and receive a certificate to that effect.

• Enlist only once since June 24, 1948, for a period of not longer than three years or, if a reservist, serve for a period not longer than three years or as soon after such period as he is able to obtain orders relieving him from active duty.

• Apply for reemployment within 90 days after he is relieved from duty or from hospitalization continuing after discharge for a period of not more than one year.

The statutes require that if the position he left was in the employ of a private employer, the employer's circumstances must not have so changed as to make it impossible or unreasonable to reinstate the ex-serviceman. However, the statute declares it to be the sense of Congress that the ex-serviceman shall be restored in a manner which will give him, upon his return, the status he would have had had he remained continuously in his employment.

If disabled during military service and not physically qualified to perform the duties of the position he left, the ex-serviceman is to be restored to such other position as he is able to fill.

Additional information can be obtained by writing Robert K. Salyers, director, Bureau of Veterans' Reemployment Rights, Room 7318 Department of Labor Building, Washington, 25, D. C., or to the nearest field office of the bureau.