Employer Responsibilities When Employees Are Impacted by War or Called to Service

Global instability and military conflicts can directly impact the workforce, often in unexpected ways. Employers may find themselves navigating complex situations when an employee is located in a war-torn region or is called to active military service. In these moments, organizations must balance operational continuity with legal compliance and a best practice of duty of care toward their employees. Understanding employer responsibilities in these circumstances is critical to mitigating risk while supporting affected individuals.

When an employee is called to military service, employers are primarily governed by federal programs, such as the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Family and Medical Leave Act (FMLA). USERRA provides clear protections for service members, including the right to take leave for military duty and to be reinstated in their position upon return, while FMLA requires covered employers to provide employees with job-protected and unpaid leave (generally 12 weeks) for qualified medical and family reasons. 

In addition to these federal law examples, another example of federal program would be the Civilian Reservist Emergency Workforce Act of 2021– signed into law by former President Joe Biden- which extends employment protections to Federal Emergency Management Agency (FEMA) reservists who deploy to major disaster sites.

It is important that employers check with their state’s laws in addition to federal laws. Employers are responsible for ensuring that employees are not disadvantaged due to their service. Upon return, the employee must be reinstated to the same or a comparable position, with equivalent seniority, status and pay, as if they had not been absent. 

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Managing Employees in War-Torn or High-Risk Areas

When employees are located in regions experiencing conflict, employer responsibilities become more nuanced- employers have a duty to prioritize employee safety and well-being. This duty often intersects with occupational safety considerations, risk management, and, in some cases, international employment laws.

Employers should assess whether it is safe and reasonable for the employee to continue working. This may involve temporarily suspending job duties, offering relocation assistance or implementing remote work arrangements where feasible. Communication is critical in these situations, as employees in high-risk areas may face disruptions to infrastructure, making consistent contact challenging.

Additionally, employers should review any applicable insurance policies, such as workers’ compensation or international travel coverage, to determine what protections are in place. Organizations with a global workforce should also consider crisis response protocols to address geopolitical risks proactively.

Compensation, Benefits and Leave Considerations

Compensation and benefits must be handled carefully when employees are impacted by war or military service. Not all benefits are automatically maintained and vary by benefit type. For employees called to service, employers may choose to supplement military pay, although this is not always required. Clear documentation of pay practices during leave is essential to avoid misunderstandings.

For employees in conflict zones, employers must determine whether continued compensation is appropriate if the employee is unable to perform their duties. In some cases, offering paid leave or emergency assistance may be both a compassionate and strategic decision, reinforcing employee trust and organizational values.

Employers should also consider Employee Assistance Programs (EAPs) or mental health resources, as employees affected by war- either directly or through family members- may experience significant emotional distress.

Communication and Documentation Best Practices

Clear, consistent communication is one of the most important responsibilities employers have in these situations. Employees should understand their rights, available resources and any expectations regarding their role during the disruption. Employers should designate a point of contact within HR to manage these cases and ensure continuity.

Documentation is equally important. Employers should maintain records of all communications, leave requests, accommodations and decisions made. This not only supports compliance, but also provides a framework for handling similar situations in the future.

Building a Proactive Policy Framework

Organizations that operate across borders or employ individuals who may be subject to military service should not wait for a crisis to define their response. Developing policies and referencing federal and state laws that address military leave, international risk and emergency response will position employers to act swiftly and consistently.

These policies should outline eligibility for leave, compensation practices, communication protocols and reintegration procedures. Regular policy reviews are essential to ensure alignment with evolving laws and global conditions.

Supporting Employees While Protecting the Organization

Ultimately, employers are tasked with navigating a delicate balance between compassion and compliance. Employees impacted by war or military service are facing significant personal challenges, and how an organization responds can have lasting implications on morale, retention and brand reputation.

By understanding legal obligations, prioritizing employee safety and implementing thoughtful policies, employers can meet their responsibilities while reinforcing a culture of support and resilience.

For more information on how to enhance your organization’s compliance efforts, contact MyHRConcierge at 855-538-6947 ext.108, ccooley@myhrconcierge.com. Or, schedule a convenient consultation below: