Bill would force rehiring of more reservists p1 - Military Transition - Military Times EDGE

A California lawmaker wants to block most U.S. companies from using the excuse of poor economic times for not rehiring National Guard and reserve members who try to return to work following a mobilization.

The Veterans Reemployment Act of 2012, introduced Wednesday by Rep. John Garamendi, D-Calif., would allow only small businesses to use a loophole in law that permits a company to not rehire a veteran because of economic hardship.

Garamendi said current law is failing service members.

Endorsed by the American Legion, the nation’s largest veterans’ organization, the bill “rights a terrible wrong,” said Garamendi, a member of the House Armed Services Committee. “Because of a loophole in existing law, when National Guard and reserve members return from the front lines, too often they come home to see their job taken away from them.”

The bill, HR 3860, was referred for consideration to the House Veterans’ Affairs Committee, the panel responsible for the Uniformed Services Employment and Re-employment Rights Act that includes the rehiring rules. That committee also is taking a close look at the high unemployment rate facing returning National Guard and reserve members.

Under Garamendi’s bill, large and medium-sized businesses would be unable to refuse to rehire a veteran employee because of “undue hardship,” the loophole in current law. As long as they are still in business, they would have to reinstate a returning veteran in the same position that he or she left or one equivalent to it, accommodate returning workers with service-connected disabilities, and find new jobs for those who no longer qualify for their previous positions.

The rehiring exemption would be limited to small businesses, as defined by the Small Business Administration’s rules. The type of business and annual profit are factors in determining what constitutes a small business. Generally, the definition could include businesses with as few as 50 employees but extends to businesses with up to 1,500 employees in some industries.