Welcoming Reservists Back Home – and Back to Work

Now and in the coming months, members of the Canadian Forces will be returning from military service in Afghanistan in significant numbers. Many of them, Reservists, will be returning to civilian work. We all owe these soldiers a debt of gratitude for their service. Employers specifically owe them a number of legal obligations, under Employment/Labour Standards legislation in various jurisdictions.

Most reservists are people who have civilian jobs but serve in the military on a part-time basis in the Army Reserve, Naval Reserve, Air Reserve, Health Services Reserve, Special Operations Reserve or Reserve Legal Services. All military service in Canada, both Regular and Reserve, is voluntary. Members of the Reserve Force may volunteer to go on deployment in either Canada or abroad. They may only be called up for non-voluntary service in times of national emergency, as defined in the National Defence Act and in the emergency legislation of the Government of Canada. An emergency is defined by the National Defence Act as “an insurrection, riot, invasion, armed conflict or war, real or apprehended.”

The Federal Government, federally regulated employers, companies and organizations in Yukon Territory, and all ten provincial governments must give their reservist employees’ unpaid time off to attend military deployment on missions either in Canada or internationally and for military training. Other territories are currently considering legislation to introduce military leave under Employment/Labour Standards legislation.

Depending on the reservist and the level at which he or she is qualified in the military, leave for training may be between two and twelve weeks. Leave for an operational deployment could be as long as 18–24 months.

At the end of the absence for military training or deployment, employers must ensure the employee reservists is reintegrated back into the civilian workplace.

According to the National Defence and the Canadian Forces, Canada is not the only country to have introduced such legislation. It now exists in the United Kingdom, the United States and Australia, and is under consideration in many other countries where reservists play an important role in national defence. It is all part of officially recognizing the value of reservists.

Unfortunately, no two military leave protection provisions across the country are alike. There are significant differences in the legal requirements that may impact reservists in different ways, even if reservists from different jurisdictions are serving side-by-side on the same operation or activity.

In general, all reservist leave is without pay, although employers may decide to provide “top-up” pay to make up the difference between the military and civilian pay. In addition, all legislation has a minimum qualification period, and most laws stipulate the frequency and length of the leave of absence.

A brief summary of the provisions contained in the Canada Labour Code for federally regulated organizations, the Public Service Employment Act, Yukon and each of the ten province’s legislation can be found here: www.cflc.forces.gc.ca/jpl-lse/pro/index-eng.asp.

If your reservist employee has not returned to work after deployment or training, the National Defence and the Canadian Forces recommend that you investigate any unexplained or unjustified absence before taking disciplinary action or termination. The person may be injured or ill due to her or his service. The reservist’s commanding officer or designate can keep you informed of his/her condition, and is available to provide you advice on steps to be taken. Alternatively, you can contact the Canadian Forces Liaison Council Provincial Chair or Field Services Staff.

It’s important to consider the opportunity that an employee returning from duty with the Canadian Forces can offer to your organization. Reservists returning from any situation, whether training, combat, peace-keeping, medical or emergency service, will have gained valuable experience during their time away. Employers can take advantage of this specialized experience when such employees return. A reservist with the Canadian Forces may have gained organizational knowledge or enhanced leadership qualities. Employers can be sure that all reservists learn how to work well under pressure and in teams, and that they are dedicated individuals.

Moreover, this training is unique to reservists; no other organization offers such specialized education. Creative and open-minded employers should be able to use such employees to improve their operations. Of course, it is a legal obligation to accept and support returning employee reservists back into the workplace, but the point is, such efforts need not be a burden.

Let’s hope employers in Canada continue to show excellent support for their reservist employees.