Yes, by all accounts you can have a full time job and also be in the reserves. This applies to all military services, not just the reserves for the Air Force. However, just because you are allowed to have a full time job and be in the reserves, this does not mean that you will not encounter some problems.
There are some employers that are not happy with their employees being in the reserves, but you are protected by US legislation. This protection prevents employers from discriminating against you simply because you are in the reserves.
There is basic protection in United States law which states that “employers may not deny employment… because of past or present membership in the armed forces or intent to join the military”. This protection not only protects active members of the armed forces, but also protects those in the reserve service.
Upon a job interview you might find some employers are unhappy that you are in the reserves, but they are not allowed to deny you the job simply because of this. So yes, you can have a full time job and also be in the reserves for the military forces.
Can you lose your job if you join the reserves?
No, you cannot lose your job simply because you have joined the reserves. As we have mentioned, there is legislation in place to protect all members of the armed forces from discrimination by other employers.
Even though the military forces are generally well-respected by the public, there are some employers who only care about money, and will try to break these rules. But if your employer does try to dismiss you because you have joined the reserves then you can appeal this decision.
US law states “employers may not deny… retention in employment” to all members of the military forces, including active members, past members, and those who are in the reserves.
The reserves are a very important part of the Air Force, but they do not come with all the benefits that active service does. Due to this, most people in the reserves also have to work another job in order to get by. This is one of the reasons why the legislation in place as it protects all members of the armed forces from discrimination.
Are employers required to give military leave?
Yes, employers are required to give military leave to members of the reserves who have been called up for active duty.
No matter what job you are working in when you are called up, your employer does not have the “right to refuse” military leave, as long as you have not exceeded the 5 years of service that USERRA provides cover for. However, if you do get called up and have to go on military leave then this will likely be unpaid.
There is legislation in place to prevent employers from refusing military leave, but your employer does not have to pay you while you are away. The only employers that are required to pay you while you are on military leave is public employers. But you are much more likely to be employed by a private employer than a public employer, and these have no requirement to pay you.
Some employers will pay you, however it is much more common for military leave to be marked as ‘unpaid leave’ as a lot of companies simply cannot afford to pay the wage of someone who isn’t actually working for them. But either way, your company is required to give you military leave.
How long must an employer hold a job for someone in the military?
Employers are required to hold the job of employees who are in the military under current legislation for up to 5 years. This legislation dictates that companies cannot discriminate against members of the military or deny them “retention in employment” because of military service.
This means that any company who is employing a military reserve when they are called up for duty must keep that job open for them when they return, otherwise they are breaking the law.
However, this doesn’t mean that the company has to leave that job unfilled while the reserve is on duty. The company is allowed to fill the position while the position is empty, but they must offer it back to the reserve once they have finished active duty.
So they could potentially hire a replacement who will fill the position, but if that army reserve returns within 5 years of them initially leaving for duty they must be offered the job role back. If the army reserve does not return within 5 years then the company has no legal requirement to give them their job back.